Brussels

Società Italiana Lastre. The CJEU (once again ignoring renvoi nb) in strong support for party autonomy, holds the validity of asymmetric choice of court IS covered by Brussels Ia and, in principle, valid provided it be limited to EU or Lugano States courts. – Go Health Pro

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Società Italiana Lastre. The CJEU (once again ignoring renvoi nb) in strong support for party autonomy, holds the validity of asymmetric choice of court IS covered by Brussels Ia and, in principle, valid provided it be limited to EU or Lugano States courts. – Go Health Pro

Background to Case C-537/23 Società Italiana Lastre SpA (SIL) v Agora SARL, in which the CJEU held yesterday, is here. The choice of court clause that is the subject of the proceedings reads the court of Brescia [(Italy)] will have jurisdiction over any dispute arising from or related to this contract. [SIL] reserves the right to bring … Read more

Owusu rules. CJEU confirms absence in principle of reflexive effect of Brussels Ia’s exclusive jurisdictional rules in BSH Hausgeräte. – gavc law – geert van calster – Go Health Pro

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Owusu rules. CJEU confirms absence in principle of reflexive effect of Brussels Ia’s exclusive jurisdictional rules in BSH Hausgeräte. – gavc law – geert van calster – Go Health Pro

The CJEU confirmed this morning in C‑339/22 BSH Hausgeräte GmbH v Electrolux AB (no language versions other than French and Swedish at the time of posting) that in principle Brussels Ia’s exclusive jurisdictional rule for registered intellectual property rights (A24(4) has no reflexive effect. [I suggest below that the reasoning extends to all of A24). … Read more

Nanox Imaging PLC v David Schick. A reminder of Gibraltar’s continued use of Brussels Ia (and anti-suit granted despite that Regulation). – Go Health Pro

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Nanox Imaging PLC v David Schick. A reminder of Gibraltar’s continued use of Brussels Ia (and anti-suit granted despite that Regulation). – Go Health Pro

In Nanox Imaging PLC v David Schick 2024/GSC/043, Happold J at the Gibraltar Supreme Court dealt with applications for anti-suit, forum non conveniens and case management stays. Claimant ‘Nanox Gibraltar’ is a Gibraltar registered company which until September 2019 carried on business in the field of medical imaging technology. Defendant is an electrical engineer and a US … Read more

Matthews v MACIF. A uncommon and intensive dialogue on refusal of recognition below Brussels I and loads of grounds resulting in refusal of recognition of a French judgment issued in absentia. – Cyber Information

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Matthews v MACIF. A uncommon and intensive dialogue on refusal of recognition below Brussels I and loads of grounds resulting in refusal of recognition of a French judgment issued in absentia. – Cyber Information

Thanks very a lot confrère Lucian Ilie for sharing copy of the hitherto unreported Thomas Hilton Matthews v Mutuelle Assurance des Commercants et Industriels de France [2023] EWHC 2175 (KB) – Matthews v MACIF for brief. Maître Ilie efficiently secured a Excessive Courtroom judgment (Ritchie J sitting on attraction) overturning registration with a view to … Read more

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