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.

Order of the Vice-President of the Court in the Case C-619/18R “Commission v Poland” 20.10.2018

Following the order: Poland must immediately suspend the application of the provisions of national legislation relating to the lowering of the retirement age for Supreme Court judges

On 3 April 2018 the new Polish Law on the Supreme Court lowered the retirement age for Supreme Court judges to 65. According to the national law in question, to continue in active judicial service beyond the age of 65 requires, beside the submission of a statement indicating the desire to continue, the consent of the President of the Republic of Poland. In making his decision, the President of the Republic of Poland is not bound by any criteria and that decision is not subject to any form of judicial review. Additionally, the Law on the Supreme Court allows the President of the Republic of Poland to freely decide, until 3 April 2019, to increase the number of Supreme Court judges.

On 2 October 2018 the Commission brought an action (C-619/18) for failure to fulfil obligations before the Court of Justice. Arguing that by lowering the retirement age plus applying that new retirement age to judges appointed to the Supreme Court up until 3 April 2018 as well as granting the President of the Republic of Poland the discretion to extend the active judicial service of Supreme Court judges, Poland has infringed EU law. In the context of interim proceedings the Commission requested: (1) to suspend the application of the national provisions in question; (2) to take all necessary measures to ensure that judges may continue to perform their duties and (3) to refrain from adopting measures concerning the appointment of judges replacing judges concerned.

By her order, the Vice-President of the Court, Ms Rosario Silva de Lapuerta, acting upon the Commission's requests and before the submission by Poland of its observations in the interim proceedings, in accordance with Article 160(7) of the Rules of Procedure of the Court of Justice, provisionally grants all the Commission’s requests until such time as an order is made closing the interim proceedings. The order of the Vice-President of the Court is to apply, with retroactive effect, to the judges of the Polish Supreme Court concerned by those provisions.

For further details see the full text of the Press Release No 159/18, Luxembourg, 19 October 2018 → http://trade.ec.europa.eu/doclib/docs/2018/september/tradoc_157331.pdf

Original text of the order in French → http://curia.europa.eu/juris/document/document.jsf?text=&docid=206927&pageIndex=0&doclang=FR&mode=lst&dir=&occ=first&part=1&cid=2448570

in Polish → http://curia.europa.eu/juris/document/document.jsf?text=&docid=206927&pageIndex=0&doclang=PL&mode=lst&dir=&occ=first&part=1&cid=2448570

 

Rainer Hausmann, comments on the “Mahnkopf” decision of the CJEU of 1 March 2018 – C-558/16 – (unalex EU-751) 19.10.2018

In an essay of utmost practical relevance, Drawing the Border Line between the Succession Regulation and the Matrimonial Property Regulation: The example of section 1371(1) German Civil Code (BGB), Professor Hausmann outlines and explains the relationship of both regulations by using illustrating case studies. Additionally, and to complete the picture, he critically comments on the “Mahnkopf” decision of the CJEU of 1 March 2018.

According to him the main starting point to address the issue is that:

“One of the most difficult and disputed questions raised by the growing number of European legal instruments is the question of classification of legal rules or principles provided for in the national law of the Member States, i.e the answer to the question as to which European legal instrument such national rules or institutions are governed by if they have relations to two or more different instruments. As the liquidation of the matrimonial property regime caused by the death of one spouse often has a significant impact on the rights of the surviving spouse in the estate of the predeceased spouse, the problem of classification is of particular practical importance in the border area between succession law and matrimonial property law.”(...)

The essay is published in our legal journal EuLF 3-2018 → request a free trial copy now

All the cited case law is accessible on the unalex Case Collection. Please find the “Mahnkopf" decision here → EU-751

The wording of Section 1371(1) German Civil Code

Equalisation of accrued gains in the case of death

(1) If the property regime is ended by the death of a spouse, the equalisation of the accrued gains is effected by the share of the inheritance on intestacy of the surviving spouse being increased by one quarter of the inheritance; it is irrelevant here whether the spouses in the individual case have made accrued gains.

 

On unalex - English content remarkably expanded - Check it out for free! 19.09.2018

We are proud to tell you that we have expanded our English content at large and offer now more than 1000 pages of highly valuable information in particular on Brussels Ia, Brussels IIa and the EU Service Regulation.

For more on that please have a look at our special short commentary format “the Compendium” under the rubric System unalex.

We strongly welcome suggestions and ideas from our readers just → contact unalex

Use the following data to access our portal without obligation for the next 14 days for free!

Username: unalexTest-exclusive

Password: useme

 

WTO Modernisation - Introduction to future EU proposals 18.09.2018

The European Council of 28-29 June 2018 gave the Commission a mandate to pursue World Trade Organisation (WTO) modernisation in pursuit of the objective making the WTO more relevant and adaptive to a changing world, and strengthening the WTO's effectiveness. The EU believes that a modernisation of the WTO is urgently needed stating that: since 1995 the world has changed; the WTO has not.

The EU approach to the reform of the WTO is outlined in a document published on September 18 of 2018 → http://trade.ec.europa.eu/doclib/docs/2018/september/tradoc_157331.pdf. The three concept papers published are covering (1) rulemaking and development; (2) regular work and transparency; and (3) dispute settlement setting out the direction of a possible modernisation effort.

This document, already consulted with the EU Member States, is intended to serve as a basis for discussion with the European Parliament. Without prejudice to the final position of the EU on these issues, the ideas presented in the papers refer to three main aspects:

• to update the rules and to create the conditions for the rules to be updated, taking into account the world economy of today;

• the strengthening of the WTO oversight function; and

• how to overcome the impending stalemate of the WTO dispute settlement system.

This ideas will be presented to the EU partners in Geneva on September 20 during a meeting on this issue convened by Canada.

 

UK government - Guidance in case of a "no deal" scenario 18.09.2018

On 13 September 2018 the UK government published a paper on civil judicial cooperation between the UK and EU countries to provide guidance in case of a scenario in which the UK leaves the EU without agreement.

Handling civil legal cases that involve EU countries if there’s no Brexit deal → https://www.gov.uk/government/publications/handling-civil-legal-cases-that-involve-eu-countries-if-theres-no-brexit-deal/handling-civil-legal-cases-that-involve-eu-countries-if-theres-no-brexit-deal

This paper is part of the series of technical notices which shall allow businesses and citizens to understand what they would need to do in a ‘no deal’ scenario, in order to make informed plans and arrangements.

Further information on the series →https://www.gov.uk/government/collections/how-to-prepare-if-the-uk-leaves-the-eu-with-no-deal

 

Note on Habitual Residence and the Scope of the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption 17.09.2018

On 13 July 2018 the Permanent Bureau of The Hague Conference released a Note on Habitual Residence and the Scope of the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. The concept of habitual residence is key to the effective operation of the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption. Contracting States to the 1993 Hague Convention have, however, noted that in practice they have encountered challenges in some instances in determining the habitual residence of prospective adoptive parents and adoptable children. Uncertainty regarding the habitual residence of a person – for example, as a result of their move from one State to another – can complicate the determination of whether the 1993 Hague Convention applies to a particular adoption. As a result, this topic was discussed at the 2010 and 2015 Special Commission meetings on the practical operation of the 1993 Hague Convention.

The Note now released by The Hague Conference aims to promote the proper interpretation and application of Article 2 of the 1993 Hague Convention. It does so by seeking to clarify a) the scope of the Convention, and b) the concept of habitual residence, and ultimately promote greater consistency in determinations of habitual residence in Contracting States in the context of this Convention, including by “developing a common understanding of the factors which might be considered when determining habitual residence” for the purposes of this Convention.

Please find detailed information under →https://www.hcch.net/en/news-archive/details/?varevent=622

 

Less than two month to go! - JUST-JTRA-EJTR-AG-2018 – 26.08.2018

EU call for proposals for action grants to support transnational projects on judicial training covering civil law, criminal law or fundamental rights. Opening date: 14 June 2018. Deadline: 25 October 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-jtra-ejtr-ag-2018.html

please be informed that unalex provides special support for research projects in the area of international law.

Use the possibilities of the unalex database technology → unalex project library.

For detailed further information do not hesitate to contact us: service@unalex.eu

 

Current issues – European Commission proposals for amendments of Regulation 1206/2001 and 1393/2007 23.08.2018

Please find detailed information on the European Commission proposals for a Regulation amending the European Evidence Regulation 1206/2001 under

→ https://ec.europa.eu/transparency/regdoc/rep/1/2018/EN/COM-2018-378-F1-EN-MAIN-PART-1.PDF

and the European Service Regulation 1393/2007 under

→ https://ec.europa.eu/transparency/regdoc/rep/1/2018/EN/COM-2018-379-F1-EN-MAIN-PART-1.PDF

 

Dominelli, Stefano , Comments on the judgement Paweł Hofsoe , CJEU of 31 January 2018 – C-106/17 – (unalex EU-744) 21.08.2018

Direct Actions of ‘Injured Parties’ in the Brussels Ia Regulation: The Paweł Hofsoe Case of the Court of Justice of the European Union as an Expression of Legal Pragmatism

"In the last few years the Court of Justice of the European Union has delivered a number of decisions concerning the application of rules on international jurisdiction and conflict of laws in insurance matters. The most recent arrêt follows a line of judgments that seeks to identify who is to be considered as the ‘injured party’ under uniform international civil procedure, and – as such – recognised with specific protective rules. The Court has most recently built upon previous reasoning to avoid excessive legal abstractionism of principles paving the way for the reconstruction of rules that might run against the basic legal thought underpinning the principles themselves."(...)

Find a detailed discussion of the judgement in our legal journal EuLF 2-2018. → request a free trial copy now

Find the case in the unalex Case Collection under → EU-744

 

Tribunal Superior de Justicia de Valencia (ES) 1 January 2018 - STSJ CV 239/2018 - (unalex ES-1103) 27.07.2018

Regulation Brussels Ia Article 21 – Jurisdiction over actions against an employer - place where the employee habitually carries out his work - "home base" as a significant indication

Although within the framework of Article 21(1) b) i) of Regulation Brussels I a , the doctrine established by the Judgment of the ECJ, C-168/16 (unalex EU-731) of 14 September 2017, indicates that the concept of "home base" constitutes a significant indication to determine the "place where the employee habitually carries out his work", that indicator cannot be the sole or conclusive evidence, but is to be assessed against the concurrent set of circumstances in order to determine where the employee fulfils the largest proportion of his contractual obligations. It is appropriate to declare the lack of jurisdiction (here of the Spanish Courts), if, as in the present case, (a) the plaintiff rendered services on board an Irish aircraft, (b) was subject to the work orders issued from Dublin (crew management) and to the disciplinary regime imparted there, (c) as well as to Irish Social Security legislation, and (d) receiving the salary in an account owned by the plaintiff opened in Ireland. (Editor’s Headnote)

You will soon find a detailed discussion of the judgement in our legal journal EuLF.

Find the case in the unalex Case Collection under → ES-1103

 

Commercial Court of Madrid (ES) 14 June 2018 - SJM M 1231/2018 - (unalex ES-1113) 26.07.2018

Regulation 1/2003 Article 2 and Treaty on the Functioning of the European Union Articles 101 and 102- Action claiming the violation of EU Competition Law - Passive selling - Burden of proof

In application of Article 2 of Regulation 1/2003 it cannot be considered as proof of the existence of an absolute territorial protection clause, prohibited by Article 3(3) of the Treaty on European Union and Articles 101 and 102 of the Treaty on the Functioning of the European Union, if all the evidence provided by the plaintiff and directed to prove the prohibition or restriction of sales outside the Spanish territory refer to a single client. (Editor's Headnote)

Find the case in the unalex Case Collection under → ES-1113

 

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 Forum (EuLF) Issue 1 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) 19.06.2018

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

A person who has already completed 18 years of age may nevertheless be considered a ‘child’ within the meaning of sect. 99 of the German FamFG if he or she is considered a minor under the law applicable with regard to this issue.

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. (Editor’s Headnote)

For more on that: The European Legal Forum (EuLF) Issue 1 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