calster

MSC Flaminia’. CJEU follows its AG on ships waste carve-out in the Basel Convention (and EU law). – gavc law – geert van calster – Go Health Pro

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MSC Flaminia’. CJEU follows its AG on ships waste carve-out in the Basel Convention (and EU law). – gavc law – geert van calster – Go Health Pro

A short note (on the day the UKSC appeal in MSC Flaminia is being heard) on the CJEU judgment in C‑188/23 Land Niedersachsen v Conti  11. Container Schiffahrts-GmbH & Co. KG MS ‘MSC Flaminia’. The Court essentially followed the Opinion of Capeta AG which I discussed here. The operative part reads Article 1(3)(b) of Regulation (EC) … Read more

The unsuccessful appeal in Clifford Chance v SocGen on choice of court in a framework agreement. – gavc law – geert van calster – Go Health Pro

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The unsuccessful appeal in Clifford Chance v SocGen on choice of court in a framework agreement. – gavc law – geert van calster – Go Health Pro

I reviewed the first instance judgment in Clifford Change v SocGen here. Soc Gen have unsuccessfully appealed, see Clifford Chance LLP & Anor v Societe Generale SA (Rev1) [2025] EWCA Civ 14, with Phillips LJ not taking up much space to do so. Viz the question whether Clifford Change LLP was bound, he holds [46] … Read more

On the concept of ‘operator’ triggering due diligence requirements in the EU’s Timber Regulation EUTR. – gavc law – geert van calster – Go Health Pro

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On the concept of ‘operator’ triggering due diligence requirements in the EU’s Timber Regulation EUTR. – gavc law – geert van calster – Go Health Pro

In Case C-70/23 Mesto Rimavská Sobota the CJEU held on 21 November on an important trigger for many an EU product- and import /export related environmental regulation. In the case at issue the context is the EU Timber Regulation 995/2010 also known as ‘EUTR’. The EUTR in essence aims to prevent illegally harvested timber from … Read more

On direct damage in unfair competition (Article 6 Rome II). – gavc law – geert van calster – Go Health Pro

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On direct damage in unfair competition (Article 6 Rome II). – gavc law – geert van calster – Go Health Pro

A quick note on Playtech Software ea v Games Global Ltd ea [2024] EWHC 3264 (Ch) in which Thompsell J discussed ia Rome II in an application for service out (of the jurisdiction).  As confirmed by Arnold LJ in Shenzhen Senior Technology Material Co Ltd v Celgard, LLC [2020] EWCA Civ 1293 [51]  as a matter … Read more

forum shopping possibilities) for future reference. – gavc law – geert van calster – Go Health Pro

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forum shopping possibilities) for future reference. – gavc law – geert van calster – Go Health Pro

I reviewed and criticised the successful first instance forum non conveniens challenge by Dyson viz a claim allegations of forced labour at Dyson’s Malaysian Supplier, here. That finding was today resoundly overturned by the Court of Appeal in Dhan Kumar Limbu & others v Dyson Technology Limited and others [2024] EWCA Civ 1564. The issues at … Read more