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

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

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

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

forum contractus for software /IT services online. – gavc law – geert van calster – Go Health Pro

forum contractus for software /IT services online. – gavc law – geert van calster – Go Health Pro

I reviewed Richard de la Tour’s Opinion in C-526/23 VariusSystems digital solutions GmbH v GR Inhaberin B & G here. The CJEU held at the end of November, essentially following it and being very brief in doing so. The operative part of the judgment reads The second indent of Article 7(1)(b) of Regulation (EU) No 1215/2012 of … Read more

a good example of a poorly drafted choice of court clause (and wrong High Court conclusion IMO). – gavc law – geert van calster – Go Health Pro

a good example of a poorly drafted choice of court clause (and wrong High Court conclusion IMO). – gavc law – geert van calster – Go Health Pro

There is a gale force wind out there and the girls and I are housebound: so I thought I’ld clear the blog queue a bit. It is generally not good practice to post poorly drafted choice of court provisions yet once in a while it helps illustrate what I often say in class: that even … Read more

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