Background to Emiliou AG’s Opinion just a few weeks back, in Case C‑198/24 TQ v Mr Green Limited is Malta’s Bill 55, on which more here. As I noted at the time the Opinion came out, the AG takes
Geert Van Calster
The Geert Van Calster blog focuses on European Union private international law, providing detailed analysis of recent court rulings and legal developments. It covers topics such as applicable law in cross-border employment contracts, consumer contract regulations under Rome I, collective actions under EU jurisdiction rules, liability and conflict of laws in environmental and human rights cases, and climate litigation related to spatial planning and environmental duties. The blog serves as a resource for legal practitioners, scholars, and students interested in EU private international law, jurisdictional issues, and the intersection of EU law with national procedural rules and environmental obligations.
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Operafund (in spe: Blasket) v Spain. In direct contradiction to the Australian view, the English High Court holds incorrectly in my view that ICSID, ECT awards are unassignable.
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Airgas USA v Universal Africa Lines. The Dutch Supreme Court on valid dépeçage within the context of Article 3 Rome I.
[If you do use the blog for research, practice submission or database purposes, citation would be appreciated, to the blog as a whole and /or to specific blog posts. Many have suggested I should turn the blog into a paid…
The CJEU in [Pome]: Member States cannot hide rules clearly restrictive of choice of court behind Article 25 Brussel Ia’s lex fori prorogati rule. Re-emphasises party autonomy as a foundational principle under Brussels Ia.
[If you do use the blog for research, practice submission or database purposes, citation would be appreciated, to the blog as a whole and /or to specific blog posts. Many have suggested I should turn the blog into a paid…
The impact of full (rights and obligations) and partial (rights only) assignment on choice of court under Article 25 Brussels Ia. The CJEU in E.B. v K.P.
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Transworld Payment. A lengthy judgment with succinct consideration of limitation periods and culpa in contrahendo in Rome II.
[If you do use the blog for research, practice submission or database purposes, citation would be appreciated, to the blog as a whole and /or to specific blog posts. Many have suggested I should turn the blog into a paid…
Cabris Investments v Revetas Capital Advisors. A very open door kicked open by the CJEU: Brexit has no impact on validity of choice of court by UK domiciled companies.
[If you do use the blog for research, practice submission or database purposes, citation would be appreciated, to the blog as a whole and /or to specific blog posts. Many have suggested I should turn the blog into a paid…