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Litasco v Banque El Amana. Open questions on the lex causae to determine a change in governing law (Article 3 Rome I), and for lois de police a full assimilation of Article 9 Rome I with Ralli Bros. – Go Health Pro

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Litasco v Banque El Amana. Open questions on the lex causae to determine a change in governing law (Article 3 Rome I), and for lois de police a full assimilation of Article 9 Rome I with Ralli Bros. – Go Health Pro

In Litasco SA v Banque El Amana SA [2025] EWHC 312 (Comm) Hutton DJ engaged (on an application for summary judgment) ia with an issue that one does not see all too often in litigation: a change in governing law under Article 3(2) Rome I; and with the application of Article 9 Rome I’s overriding … Read more

Does the Court of Justice Practice What it Preaches? Upholding the Value of Rule of Law in the Interpretation of Article 263(4) TFEU – Go Health Pro

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Does the Court of Justice Practice What it Preaches? Upholding the Value of Rule of Law in the Interpretation of Article 263(4) TFEU – Go Health Pro

1.     Introduction The admissibility of actions for annulment lodged by the private applicants remains, to this day, one of the most problematic issues in EU law. According to Article 263(4) TFEU, any natural or legal person can seek the annulment of an EU act addressed to that person, or of a legislative act that is … Read more

X v Amstelveen Equity Trust BV et al. Holds (wrongly imo) that Article 26 Brussels Ia submission applies to non-EU defendants, too. Then grants an A33-34 stay viz Dutch defendants and, in a show of cakeism, a ‘metoo’ stay against the Turkish defendants. – Go Health Pro

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Litasco v Banque El Amana. Open questions on the lex causae to determine a change in governing law (Article 3 Rome I), and for lois de police a full assimilation of Article 9 Rome I with Ralli Bros. – Go Health Pro

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 service however I have resisted doing so. Proper reference to how the blog is useful … Read more

The case against enforcing the Article 2 TEU values independently · European Law Blog – Go Health Pro

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Does the Court of Justice Practice What it Preaches? Upholding the Value of Rule of Law in the Interpretation of Article 263(4) TFEU – Go Health Pro

On 19 December 2022, the European Commission launched infringement proceedings against Hungary (Case C‑769/22), alleging, among other things, a direct violation of Article 2 TEU. This sparked debate over whether the ECJ might develop its case law to allow Article 2 TEU to serve as an independent legal basis, even without a connection to specific … Read more

A Jus Cogens Criteria for Draft Article 7? – EJIL: Talk! – Go Health Pro

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A Jus Cogens Criteria for Draft Article 7? – EJIL: Talk! – Go Health Pro

Immunities of state officials are a subject matter in international law that continues to raise tensions between States. The seventy-sixth session of the International Law Commission (ILC) will take place in Geneva from April 14 to May 30 and June 30 to July 31, 2025. One of the topics to be discussed on the agenda … Read more