Haeger & Schmidt GmbH v Mutuelles du Mans assurances IARD (MMA IARD) and others – WLR Daily

Posted October 28th, 2014 in carriage of goods, conflict of laws, EC law, law reports, treaties by sally

Haeger & Schmidt GmbH v Mutuelles du Mans assurances IARD (MMA IARD) and others (Case C-305/13) ECLI:EU:C:2014:2320; [2014] WLR (D) 441

‘The last sentence of article 4(4) of the Convention on the Law Applicable to Contractual Obligations (Rome Convention) applied to a commission contract for the carriage of goods solely when the main purpose of the contract consisted in the actual transport of the goods concerned, which was for the referring court to verify. Where the law applicable to a contract for the carriage of goods could not be fixed under the second sentence of article 4(4), it had to be determined in accordance with the general rule laid down in article 4(1) that the law governing the contract was that of the country with which it was most closely connected. Where it was argued that a contract had a closer connection with a country other than that the law of which was designated by the presumption laid down in article 4(2), the national court had to compare the connections existing between that contract and the country whose law was designated by the presumption and the other country concerned. In so doing, the national court had to take account of the circumstances as a whole, including the existence of other contracts connected with the contract in question.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

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E v B – WLR Daily

E v B (Case C-436/13) ECLI:EU:C:2014:2246; [2014] WLR (D) 405

‘Jurisdiction in matters of parental responsibility which had been prorogued, under article 12(3) of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (OJ 2003 L338, p 1), in favour of a court of a member state before which proceedings had been brought by mutual agreement by the holders of parental responsibility ceased following a final judgment in those proceedings

WLR Daily, 1st October 2014

Source: www.iclr.co.uk

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Young v Anglo American South Africa Ltd and others – WLR Daily

Young v Anglo American South Africa Ltd and others (No 2) [2014] EWCA Civ 1130; [2014] WLR (D) 370

‘Where a company had its statutory seat and principal place of business outside England, to determine whether a claim against it could be brought in England for the purposes of article 60(1)(b) of Council Regulation (EC) No 44/2001, the claimant had to show a good arguable case that England was the jurisdiction where the company had its “central administration”, which was the place where, through its relevant organs according to its own constitutional provisions, it took the decisions essential for that its operations.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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Coty Germany GmbH (formerly Coty Prestige Lancaster Group GmbH) v First Note Perfumes NV – WLR Daily

Posted June 11th, 2014 in conflict of laws, EC law, jurisdiction, law reports, trade marks by sally

Coty Germany GmbH (formerly Coty Prestige Lancaster Group GmbH) v First Note Perfumes NV (Case C‑360/12); ECLI:EU:C:2014:911; [2014] WLR (D) 243

‘The concept of “the member state in which the act of infringement has been committed” in article 93(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark meant that, in the event of a sale and delivery of a counterfeit product in one member state, followed by a resale by the purchaser in another member state, that provision did not allow jurisdiction to be established to hear an infringement action against the original seller who did not himself act in the member state where the court seised was situated.’

WLR Daily, 5th June 2014

Source: www.iclr.co.uk

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AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft MbH – WLR Daily

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft MbH: [2014] EWHC 1085 (Comm); [2014] WLR (D) 182

‘An exclusive jurisdiction clause was a contractual benefit, the deprivation of which constituted harm suffered in that jurisdiction for the purposes of article 5(3) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 11th April 2014

Source: www.iclr.co.uk

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Weber v Weber – WLR Daily

Posted April 15th, 2014 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by tracey

Weber v Weber: (Case C-438/12);   [2014] WLR (D)  165

‘There fell within the category of proceedings which had as their object “rights in rem in immovable property”, within the meaning of article 22(1) of Council Regulation (EC) No 44/2001, an action brought before the courts of another member state, seeking a declaration of invalidity of the exercise of a right of pre-emption attaching to that property and which produced effects with respect to all the parties. Before staying its proceedings in accordance with article 27(1) of Regulation No 44/2001, the court second seised was required to examine whether, by reason of a failure to take into consideration the exclusive jurisdiction laid down in article 22(1) thereof, the decision of the court first seised would be recognised in the other member states in accordance with article 35(1) of that Regulation.’

WLR Daily, 3rd April 2014

Source: www.iclr.co.uk

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Brogsitter v Fabrication de Montres Normandes EURL and another – WLR Daily

Posted March 17th, 2014 in conflict of laws, contracts, EC law, law reports, regulations by tracey

Brogsitter v Fabrication de Montres Normandes EURL and another: Case C-548/12;   [2014] WLR (D)  130

‘Civil liability claims, such as those at issue in the instant case, which were made in tort under national law, had to none the less be considered as concerning “matters relating to a contract” within the meaning of article 5(1)(a) of Council Regulation (EC) No 44/2001, where the conduct complained of could be considered a breach of the terms of the contract, which could be established by taking into account the purpose of the contract.’

WLR Daily, 13th March 2014

Source: www.iclr.co.uk

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Nottingham City Council v LM and others – WLR Daily

Posted February 28th, 2014 in care orders, children, conflict of laws, EC law, jurisdiction, law reports by sally

Nottingham City Council v LM and others [2014] EWCA Civ 152; [2014] WLR (D) 92

‘Jurisdiction had to be considered in every children case with an international element and at the earliest opportunity, particularly when the proceedings were issued and at the case management hearing.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

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Wall v Mutuelle de Poitiers Assurances – WLR Daily

Wall v Mutuelle de Poitiers Assurances [2014] EWCA 12; [2014] WLR (D) 86

‘Where a cyclist had been run down in France and brought proceedings in the English courts seeking damages for personal injury, the question whether there should be one single joint expert, or more than one expert pursuant to CPR Pt 35, was a matter of “evidence and procedure” within the meaning of article 1(3) of Parliament and Council Regulation (EC) No 864/2007. Therefore the question of which expert evidence the court should order fell to be determined in accordance with English and not French law.’

WLR Daily, 20th February 2014

Source: www.iclr.co.uk

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Asaad v Kurter: The latest round in ‘non-marriage’ cases – is the tide turning? – Family Law Week

Posted February 14th, 2014 in conflict of laws, divorce, marriage, news by sally

‘Lily Mottahedan, barrister at 1 Hare Court, examines the court’s approach in determining whether a marriage was a “non-marriage” or a “void” or “valid” in the recent High Court judgment in Asaad v Kurter [2013] EWHC 3852 (Fam).’

Full story

Family Law Week, 12th February 2014

Source: www.familylawweek.co.uk

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Corman-Collins SA v La Maison du Whisky SA – WLR Daily

Posted January 9th, 2014 in conflict of laws, contracts, EC law, jurisdiction, law reports, regulations by sally

Corman-Collins SA v La Maison du Whisky SA (Case C-9/12); [2013] WLR (D) 513

‘The rule of jurisdiction laid down in the second indent of article 5(1)(b) of Council Regulation (EC) No 44/2001 for disputes relating to contracts for the supply of services was applicable in the case of a legal action by which a claimant established in one member state claimed, against a defendant established in another member state, rights arising from an exclusive distribution agreement, which required the contract binding the parties to contain specific terms concerning the distribution by the distributor of goods sold by the grantor. It was for the national court to ascertain whether that was the case in the before it.’

WLR Daily, 19th December 2013

Source: www.iclr.co.uk

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The Court of Appeal on Cartels and Conflicts – Competition Bulletin from Blackstone Chambers

Posted November 25th, 2013 in appeals, competition, conflict of laws, damages, jurisdiction, news by tracey

‘The Court of Appeal handed down two important decisions last week on the application of conflict of law principles to cartel follow-on damages claims: Deutsche Bahn AG & Ors v Morgan Advanced Materials plc & Ors [2013] EWCA Civ 1484 and Ryanair Limited v Esso Italiana Srl [2013] EWCA Civ 1450. The defendants in each case challenged the jurisdiction of the English courts to hear damages claims arising from their cartel activities.’

Full story

Competition Bulletin from Blackstone Chambers, 24th November 2013

Source: www.competitionbulletin.com

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Are the Alarm Bells Ringing? Identifying a potential Hague Convention case and responding appropriately – Family Law Week

Posted November 25th, 2013 in child abduction, conflict of laws, foreign jurisdictions, news by tracey

‘Mandeep Gill, associate solicitor with The International Family Law Group LLP, considers the recent cautionary reminder given by Mr Justice Bodey that all practitioners must be able to identify whether there are potential Hague Convention implications in any children case with an international element.’

Full story

Family Law week, 22nd November 2013

Source:  www.familylawweek.co.uk

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Maletic and another v lastminute.com and another – WLR Daily

Maletic and another v lastminute.com and another (Case C-478/12); [2013] WLR (D) 444

“The concept of ‘other party to the contract’ laid down in article 16(1) 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 (OJ 2001 L12, p 1)also covered the contracting partner of the operator with which the consumer concluded that contract and which had its registered office in the member state in which the consumer was domiciled.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

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Emrek v Sabranovic – WLR Daily

Emrek v Sabranovic: (Case C-218/12);   [2013] WLR (D)  390

“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 did not require the existence of a causal link between the means employed to direct the commercial or professional activity to the member state of the consumer’s domicile. However, the existence of such a causal link constituted evidence of the connection between the contract and such activity.”

WLR Daily, 17th October 2013

Source: www.iclr.co.uk

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Mittal v Mittal – WLR Daily

Mittal v Mittal: [2013] EWCA Civ ;   [2013] WLR (D)  391

“Paragraph 9 of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 gave the courts of England and Wales jurisdiction to stay matrimonial proceedings in favour of competing prior proceedings in a non-member state.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

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Pinckney v KDG Mediatech AG – WLR Daily

Posted October 7th, 2013 in conflict of laws, copyright, internet, jurisdiction, law reports by sally

Pinckney v KDG Mediatech AG (Case C-170/12); [2013] WLR (D) 367

“In the event of alleged infringement of copyrights protected by the member state of the court seised, the latter had jurisdiction to hear an action to establish liability brought by the author of a work against a company established in another member state and which had, in the latter state, reproduced that work on a material support which was subsequently sold by companies established in a third member state through an Internet site also accessible with the jurisdiction of the court seised. That court had jurisdiction only to determine the damage caused in the member state within which it was situated.”

WLR Daily, 3rd October 2013

Source: www.iclr.co.uk

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Proceedings brought by Schneider – WLR Daily

Posted October 7th, 2013 in conflict of laws, EC law, guardianship, jurisdiction, law reports, sale of land by sally

Proceedings brought by Schneider (Case C-386/12); [2013] WLR (D) 366

“Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and, in particular article 22(1) thereof in relation to jurisdiction in proceedings concerning rights in rem in immoveable property, did not apply to non-contentious proceedings by which a national of a member state who had been declared to be lacking full capacity and placed under guardianship in that member state had applied to a court in another member state for authorisation to sell his share of a property situated in that other member state.”

WLR Daily, 3rd October 2013

Source: www.iclr.co.uk

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Revenue and Customs Commissioners v Sunico ApS and others – WLR Daily

Posted September 19th, 2013 in conflict of laws, damages, EC law, fraud, HM Revenue & Customs, news, VAT by sally

Revenue and Customs Commissioners v Sunico ApS and others (Case C-49/12); [2013] WLR (D) 347

“The concept of ‘civil and commercial matters’ within the meaning of article 1(1) of Council Regulation (EC) No 44/2001 covered an action whereby a public authority of one member state claimed, as against natural and legal persons resident in another member state, damages for loss caused by a tortious conspiracy to commit value added tax fraud in the first member state.”

WLR Daily, 12th September 2013

Source: www.iclr.co.uk

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Schlecker (trading as Firma Anton Schlecker) v Boedeker – WLR Daily

Schlecker (trading as Firma Anton Schlecker) v Boedeker: (Case C-64/12);   [2013] WLR (D)  346

“Article 6(2) of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, meant that even where an employee carried out the work in performance of the contract habitually, for a lengthy period and without interruption in the same country, the national court could, under the concluding part of that provision, disregard the law of the country where the work was habitually carried out, if it appeared from the circumstances as a whole that the contract was more closely connected with another country.”

WLR Daily, 12th September 2013

Source: www.iclr.co.uk

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