Jurisdiction

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Recourse claim between the jointly and severally liable debtors under a credit agreement and Article 7.1 Brussels I bis

Article Date: 19-06-2017
Categories: Business Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
AG Bot delivered on 26 April 2017 his opinion in case C 249/16, Saale Kareda v Stefan Benkö, which is about Article 7.1 Brussels I bis (Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments... [Read All]

The European Order for Payment and International jurisdiction

Article Date: 09-05-2016
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The Court of justice delivered on 10 March 2016 its judgment in case C‑94/14, Flight Refund Ltd v Deutsche Lufthansa AG, which is about the EOP Regulation (Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure... [Read All]

Jurisdiction clause and tacit prorogation of jurisdiction in international litigation

Article Date: 25-04-2016
Categories: Business Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The Court of Justice delivered on 17 March 2016 its ruling in case C-175/15, Taser International Inc. v SC Gate 4 Business SRL, Cristian Mircea Anastasiu which is about Brussels I (Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments... [Read All]

International jurisdiction over children’s maintenance allowance

Article Date: 16-11-2015
Categories: Family Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The Court of Justice delivered very recently (16 July 2015) its judgment in the case A v B (C 184/14), which was about the interpretation of Article 3(c) and (d) of the Maintenance Regulation (Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and e... [Read All]

In favor of a clear exclusive jurisdiction clause

Article Date: 13-07-2015
Categories: Business Law Typology: Articles
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From Altalex.EU Blog - Comments (0)
On 23rd April 2015, the Court of Appeal of England and Wales delivered its decision in the case between Chinese company Hin-Pro International Logistics Limited and Chilean company Compania Sud Americana De Vapores S.A. ([2015] EWCA Civ 401). The key issue was whether a clause in bills of lading pro... [Read All]

The unfairness of Facebook’s jurisdiction clause

Article Date: 18-05-2015
Categories: Contract Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In 2008, Frédéric X opens a Facebook account. In 2011, his account is suspended. The decision does not mention it but Facebook did so because Frédéric X posted the famous painting ‘The origin of the World’ (Gustave Courbet) on his Facebook profile. Fréd... [Read All]

Mind the gap. Competing jurisdiction and arbitration clauses in different agreements between parties

Different jurisdiction clauses in agreements between the same parties High Court of Justice, Commercial Court

Article Date: 16-02-2015
Categories: Contract Law Typology: Case Law
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From Francesco Camilotti's blog - Comments (0)
In a recent case, AmTrust Europe Ltd v Trust Risk Group SpA [2014] EWHC 4169 (Comm) (10 December 2014), the Commercial Court considered whether the English court had jurisdiction to grant an injunction in circumstances where the parties had entered into a number of agreements with conflicting jurisd... [Read All]

Commercial websites as indicators of commercial activity directed at another member State

European Court of Justice, case C-218/12

Article Date: 17-10-2013
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In the instant case, a French car dealer, established near the German border, had sold a car to a German customer; this latter had found the dealer’s contact details on its website, which indicated a French landline phone number and a German mobile phone number. The customer sued the dealer (... [Read All]

When may professional sellers be sued in consumers’ Member State?

European Court of Justice, case C-190/11

Article Date: 06-09-2012
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In a preliminary ruling referred by Austrian Supreme Court, the CJEU clarified that, in some circumstances, it is possible for consumers to file an action before the courts of their own country against a seller based in a different EU member state, even when the contract has not been stipulated &ldq... [Read All]

Mühlleitner v. Yusufi

European Court of Justice, Case C‑190/11

Article Date: 06-09-2012
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
Article 15(1)(c) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as not requiring the contract between the consumer and the trader to be concluded at a distance.   JU... [Read All]
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