unalex. News

We shall be pleased to send you our unalex newsletter informing about current developments in International Private Law.

Particularly in the areas of:

  • Legal decisions
  • Essays
  • Book reviews
  • Academic conferences
  • Amendments
  • Job advertisements
  • The evolution of unalex

We would be pleased to publish your information on these or related areas. Please contact us.

England and Wales Court of Appeal (Civil division) (UK) 9 March 2018 – Ioanna Lambrou Christofi v. National Bank of Cyprus (Greece) Ltd – [2018] EWCA Civ 413 - (unalex UK-1504) 19.06.2018

Brussels I Regulation 44/2001 Article 43(5) – Appeal brought against a declaration of enforceability of a foreign decision – Two months time limit – Extension of time limit – Principle of non discrimination

The court is obliged to enforce the time limit Article 43(5) Brussels I Regulation strictly, subject only to the residual power to extend a mandatory time limit in the rare case where its application would impair the very essence of the right of appeal, and strict adherence to it would infringe Article 6 of the Human Rights Convention. (Editor’s Headnote)

For more on that: The European Legal Journal (EuLF) Issue 1/2 2018 → request a free trial copy now.

Find the case in the unalex Case Collection under → UK-1504

 

BGH (DE) 20 December 2017 – XII ZB 333/17- (unalex DE-3570) 15.06.2018

Brussels IIa Regulation Article 8(1); Hague Child Protection Convention 1996 – Unaccompanied refugee minors – Parent and child matters regarding a ‘child’ who has already completed 18 years of age – Age of majority – Establishment of age of majority in application of foreign law

If the point of time of reaching the age of majority is relevant for both the establishment of international jurisdiction and for the substance of the proceedings, it is to be assumed with regard to the question of jurisdiction that the person concerned is a minor.

Even if a German court bases international jurisdiction in a question of appointment of a guardian on Article 8(1) Brussels IIa Regulation, hypothetical jurisdiction under Articles 5 and 6 of the Hague Child Protection Convention 1996 is sufficient for applying German law in accordance with Article 15(1) of the Convention. (Headnotes of the court)

For more on that: The European Legal Journal (EuLF) Issue 1/2 2018 → request a free trial copy now.

Find the case in the unalex Case Collection under → DE-3570

 

Now out! - JUST-JCOO-AG-2018 21.03.2018

Call for proposals for action grants to support transnational projects to promote judicial cooperation in civil and criminal matters. Opening date: 07 March 2018. Deadline: 19 June 2018.

If you are taking part in the current call of the EU Commission’s civil justice programme → https://ec.europa.eu/research/participants/portal/desktop/en/opportunities/just/topics/just-jcoo-ag-2018.html

please be informed that unalex provides special support for research projects in the area of private international law. We offer project teams planning to collect case law of the courts of the EU member States and/or further materials a special research environment.

Tight project budget? Don't start from scratch! Use the possibilities of the unalex database technology → unalex project library.

Provide sustainability to your project. In the unalex research environment you can base your project on the results achieved by past projects and coordinate with other ongoing projects. Over time, unalex has grown to over 8,500 cases in the unalex case collection. The aim of unalex is to provide the European area of justice with multilingual information on all legal instruments of European private international law. Let your project merge to the unalex pool of international legal information.

For detailed further information please contact us: service@unalex.eu

 

Successful completion of project "unalex" - Achievements 15.03.2018

The project unalex – multilingual information for the uniform interpretation of the instruments of judicial cooperation in civil matters – JUST/2014/JCOO/AG/CIVI/7736 conducted by the University of Innsbruck, in cooperation with various European universities and IPR Verlag, has been successfully completed.

The scope of the project was to improve the level and availability of specialised information of high standards on the application of the European legal instruments of judicial cooperation in civil matters for the legal practice in all Member States.

During the project over 1,500 new cases were added to the unalex international case collection and elaborated with case head notes. As a result, the case collection has grown to over 8,500 cases of the CJEU and of the courts of the Member States, selected for applying the European instruments of judicial cooperation in civil matters and prepared with legal meta-information informing on the special application made of them by the courts.

The unalex Compendium, which provides systematic article-by-article overviews over the legal instruments’ application in the Member States, was likewise updated during the project period. Additionally, legal instruments were added as well as new Compendium texts. The Compendium is prepared under a special technique, under which it is closely linked to the unalex case collection. It allows identification of similar or comparable cases and thus of leading opinions and best practices at European level. The Compendium also permits to identify diverging opinions decided by courts in different Member States, which may give rise to in-depth legal discussion and referral for preliminary ruling to the CJEU. The unalex case collection and the Compendium are created in English, French, German, Italian and Spanish. Under the project, the language coverage could be largely expanded.

On the occasion of several conferences in the area of European private international law and international civil procedure (details see → unalex project library), the project brought together legal authors from the various Member States, who specialise in private international law. The project laid the grounds for setting up a European Network of Authors. Many outstanding experts expressed their interest in such international cooperation, which may build on the content and techniques of the unalex system and the underlying genuinely European approach.

 

Soon to be published – Brussels IIa Compendium 08.12.2017

In January 2018 we are going to publish large parts of the Compendium on Brussels IIa Regulation authored by Rainer Hausmann, Professor Emeritus at Konstanz University (DE). All commenting text will be available in English and German. Additionally, structuring headings will also be available in French, Italian and Spanish. Case head notes are fully translated into the five languages mentioned before. Please note that access to the unalex Compendium is available for only € 26, 00 per month + German VAT (or € 15, 60 per month + German VAT for non-German speaking Countries). Details: see Price sheet (right navigation bar). From Monday the 11th of December you will find a free sample → here and on the login/registration page (extracts accessible without prior registration).

 

The European Legal Forum 3, 4/ 2017 - Special edition 15.11.2017

Order your free trial copy of our legal journal EuLF. This issue contains a password for free access to our website and the products offered without prior registration. The granted free trial period ends on 31.12.2017. → Request your free trial copy now.

The special edition has the aim to present the functionality of our legal information system, our products and services. Special attention is given to the so called unalex Compendium - providing a systematic overview of the case law found in the unalex Case Collection, organized according to legal instruments and articles within each legal instrument -. Therefore, the special edition contains i.a. (→ complete table of content) a reprint of an entire article (article 21) of the Brussels Ia Compendium. Please note, that the free trial login details also enable access to the Brussels IIa Compendium authored by Rainer Hausmann, which will be published soon on our website.

The annual subscription price for EuLF is € 145 + VAT + Shipping costs. Special prices in case of subscribtion to “System unalex” available. Please see → registration page. (Complete price list with special introductory prices for 2018 available from 27.11.2017.)

 

5th unalex conference in Innsbruck/Austria, 24 November 2017 12.10.2017

Topic: “(Non-)Uniform interpretation of EU-Instruments on Private International Law by the Courts of the Member States - Conclusions from Case law collected in the unalex system”

First Part

Speakers and their lectures:

Prof. Bea Verschraegen - University of Vienna

- Autonumous interpretation of EU uniform legal instruments -

Prof. Marie-Elodie Ancel, UPEC - University Paris XII

- Asymmetric jurisdiction clauses – a long and winding road to effectiveness -

Prof. Achim Pütz - University of Castellón

- Conventions on particular matters in the European area of civil justice:

Article 71 Brussels Ia Regulation in the case law of the EU Member States -

Dr. Apostolos Anthimos - European University of Cyprus

- Service of documents abroad in the enforcement stage -

Dr. Gottfried Musger - OGH (Austrian Supreme Court of Justice)

- Uniform interpretation of the European private international law rules - a challenge for the judiciary -

Ass. Prof. Marion Ho-Dac - University of Valenciennes

- The habitual residence - a common notion in European private international family law? -

Ass. Prof. Anabela de Sousa Gonçalves - University of Braga

- Portuguese court decisions on Brussels II a Regulation in the light of the European case law -

Prof. Gabor Palasti - Károli Gáspár University of Budapest

- Different views of Member State courts on the concept of civil and commercial matters under the Brussels Regime -

Second Part

The European Legal Authors Network – Chances and Perspectives

Dr. Thomas Simons - IPR Verlag Munich

- The unalex system and the European Legal Authors Network -

Univ.-Prof. Andreas Schwartze - University of Innsbruck

- The European legal research and the challenge of a European legal literature -

Venue: University of Innsbruck, Madonnensaal, Karl-Rahner-Platz 3, 2nd Floor, in 6020 Innsbruck/Austria

There is no conference fee. If you like to attend please register by fax: +43-512 507 81297 or email: auslandsrecht@uibk.ac.at (Ms. Helene Haas, tel. +43-512 507 81231) until November 15th, 2017.

→ Detailed timetable

 

Save the date! 5th unalex conference 26.09.2017

Next unalex Conference, Friday 24 November 2017 at the University of Innsbruck/Austria. Topic: (Non-) Uniform Interpretation of EU-Instruments on Private International Law by the Courts of the Member States - Conclusions from Case law collected in the unalex system - You will find the final conference programme here shortly. Please register now if you are interested in participating. → Further information

 

Planning collection of case law? 24.08.2017

Beware of the deadline for the submission of projects on the occasion of the open call under the European Commission’s civil justice programme on Tuesday, 19 September 2017.

If you are taking part in the current call of the EU Commission’s civil justice programme → http://ec.europa.eu/research/participants/portal/desktop/en/opportunities/just/topics/just-jcoo-ag-2017.html

please be informed that unalex provides special support for research projects in the area of private international law. We offer project teams planning to collect case law of the courts of the EU member States and/or further materials a special research environment.

Tight project budget? Don't start from scratch! Use the possibilities of the unalex database technology → unalex project library.

 

4th unalex conference in Valencia/Spain, 8 September 2017 14.08.2017

Topic: The EU Matrimonial and Partnership Property Regulations and the unalex Compendium. – Selected issues regarding the new Regulations 2016/1103 and 2016/1104 – Conference chaired by Carlos Esplugues, University of Valencia and Prof. Andreas Schwartze, University of Innsbruck

Speakers and their lectures:

Mr. Franco Salerno-Cardillo, Notary in Palermo (Italy) - Council of the Notariats of the European Union (CNEU)
- Overview over Regulations 2016/1103 and 2016/1104 –

Ass. Prof. Dr. Pablo Quinzá, University of Valencia
- Interaction of Regulations 2016/1103 and 2016/1104 with the Brussels IIa Regulation –

Ass. Prof. Marion Ho-Dac, University of Valenciennes
- Interaction of Regulations 2016/1103 and 2016/1104 with the Succession Regulation –

Prof. Rainer Hausmann, University of Konstanz
- Drawing the border line between Succession Regulation and Matrimonial Property Regulation –

Dr. Susanne Goessl, University of Bonn
- Choice of law in the Matrimonial Property Regulation no. 2016/1103-

Mr. Gabriel Alonso Landeta, Land Register in A Coruña (Spain)
- European Land Registry Association (ELRA) - Application of Regulations 2016/1103 and 2016/1104 in "non-uniform" systems-

Ms. María Reyes Sánchez Moreno, Notary in Alicante (Spain) - Council of the Notariats of the European Union (CNEU)
- Application of Regulations 2016/1103 and 2016/1104 by notaries-

Mr. Mihai Taus, Head of land registry Dept. Of Brasov County Office - European Land Registry Association (ELRA)
- Application of Regulations 2016/1103 and 2016/1104 by land registers –

Venue: Colegio Mayor Rector Peset, Plaça del Forn de Sant Nicolau, 4.

Free to attend seminar. Registration required, please send an email to Ass. Prof. Dr. Pablo Quinzá - pablo.quinza@uv.es

→ Detailed timetable

 

Project unalex – deadline extended, longer free trial period 12.07.2017

unalex is presently subject to the ongoing project unalex – multilingual information for the uniform interpretation of the instruments of judicial cooperation in civil matters. Please check if you fulfil the criteria for free registration in the context of the project until project termination now on 31.12.2017 → registration page