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The CJEU is less claimant-friendly than its AG in use of the anchor defendant mechanism for competition law damages claims. Rules out mini-trials at the jurisdictional stage yet insists on room to contest control. – gavc law – geert van calster – Go Health Pro

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The CJEU is less claimant-friendly than its AG in use of the anchor defendant mechanism for competition law damages claims. Rules out mini-trials at the jurisdictional stage yet insists on room to contest control. – gavc law – geert van calster – Go Health Pro

The CJEU held earlier this morning in C‑393/23 Athenian Brewery SA, Heineken NV v Macedonian Thrace Brewery SA (no language versions available at the time of posting than Dutch and French). My post on Kokott AG’s Opinion is here. The AG all in all supported a ready acceptance of forum connexitatis in competition law cases – in the … Read more

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

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