Judgment by the CJEU in Case C-320/24 Soledil engages with two long-standing principles of EU law.
Firstly, the need for courts motu proprio to raise arguments that contractual terms in B2C contracts may not stand the test of the EU’s
GAVC Law
GAVC Law, published by Geert Van Calster, focuses on European private international law, including the application and interpretation of EU regulations such as Rome I and Rome II. The blog covers topics like employment contract law across borders, consumer contract jurisdiction, collective actions under EU procedural rules, and conflict of laws issues in transnational litigation. It also addresses environmental and climate-related litigation within the EU legal framework, highlighting cases involving spatial planning and governmental duties. The blog analyzes court rulings from the Court of Justice of the European Union and national courts, emphasizing procedural and substantive aspects of cross-border disputes, liability, and regulatory compliance.
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CJEU judgment in [Steizer] (on lex contractus and formal validity of transfer of intellectual property rights) fails to close the discussion on proprietary rights and Rome I.
If you do use the blog for research or database purposes, and of course for practice purposes, citation would be appreciated, to the blog as a whole and /or to specific blog posts. Many have suggested I should turn the…
X v OKX Europe and Aux Cayes Fintech. Rotterdam court distinguishes CJEU Universal Music in the case of an individual, with a view to guaranteeing access to justice.
If you do use the blog for research or database purposes, let alone for practice 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…
Richard de la Tour AG in [Grixta] /the Muatassim Kadhafi embezzlement, asset recovery claim. An interesting ‘civil and commercial’ argument against the background of EU, UN sanctions law.
If you do use the blog for research 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 for, subscription…
The EU Proposed Cybersecurity Act 2.0 and its friction points with the Law of the World Trade Organization.
I have not just been preparing the 5th ed of the Private International Law Handbook this summer. I have also subjected the EU’s CSA 2.0, the Proposed Cybersecurity Act, to a test under the law of the World Trade Organization.…
The CJEU in Idziski. Yet further distinguishing of Article 7(2) locus damni jurisdiction.
If you do use the blog for research 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 for, subscription…
Fibo markets. The CJEU on ‘fairy money’: what constitutes ‘financial instruments’ leading to carve-out from Rome I’s consumer protection.
If you do use the blog for research 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 for, subscription…
Convrgnt v Kennedys Dubai. A good illustration of Article 19 Rome I’s ‘branch’ exception, and of Article 4(3)’s proper law of the contract escape.
If you do use the blog for research 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 for, subscription…
Cisco systems. SCOTUS closes the cause of action door to “judicially created” Alien Tort Statute liability. Holds aiding-and-abetting liability does not exist under the ATS for almost all torts.
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The CJEU in Hortis holds that the lex voluntatis can be the proper law of the contract under the Rome Convention’s /Regulation’s protective regime for employees, hence insulating the default protection of the law of the place of habitual employment.
If you do use the blog for research 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 for, subscription…