Van

Quilombola v Norsk Hydro. A late flag on burden of proof for statute of limitation purposes under Rome II. – gavc law – geert van calster – Go Health Pro

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Quilombola v Norsk Hydro. A late flag on burden of proof for statute of limitation purposes under Rome II. – gavc law – geert van calster – 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

what we now know, and what we (still) don’t. A guest post by Brooke Marshall. – gavc law – geert van calster – Go Health Pro

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what we now know, and what we (still) don’t. A guest post by Brooke Marshall. – gavc law – geert van calster – Go Health Pro

I am much pleased that Dr Brooke Marshall has accepted to write on CJEU Lastre for the blog. Dr Marshall has written the guiding volume on the issue (highlights of the book’s launch are here). True to form, her analysis below is as complete as it is on point, and a most excellent addition to … 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

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

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