The judgment of the Federal Supreme Court (Bundesgerichtshof) in the “Lost Art” database case so far has attracted attention primarily because of its significance for art and restitution law. However, it has something to offer not only in terms of substantive law (more on this will be forthcoming shortly), but also in terms of procedural law: In the judgment published yesterday, the court also considered the question of international jurisdiction based on the failure of a defendant domiciled outside a Member State of the European Union to object to the jurisdiction of the German courts. Continue reading
Category Archives: Brussels I Regulation
EU Commission: Survey on the Application of Brussels Ia Regulation
The EU Commission is seeking your input on the practical application of the Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters of 12 December 2012 (“Brussels Ia” or “Brussels Recast”). The questionnaire is addressed not only to bar associations and similar professional bodies, but also to individual practitioners.
Brexit and Lugano: First Anniversary of the UK’s Application
On 8 April 2020, the United Kingdom deposited an application to accede to the Lugano Convention, with the Swiss Federal Council, the depositary under the Convention. Acceding to the Lugano Convention as a replacement for the Brussels Regulation (recast) had emerged as the UK’s preferred strategy for judicial co-operation in civil and commercial matters (even though the European Court of Justice does have a role in the Lugano regime under Protocol 2 on the uniform interpretation of the Convention and on the Standing Committee). Continue reading
Hard Brexit for Judicial Cooperation: No Revival of Brussels, Rome Conventions
Given the activities of the Advisory Commission, with two recommendations and a press release on a default with a couple of weeks, the blog has been rather art law-heavy recently. So for a change, let’s revisit another recurring theme: Brexit! Over at legal twitter, Professor Steve Peers published a “thread on where we stand with EU conclusion of the Brexit deal, based on internal unpublished Council documents.” One of these documents Professor Peers shared is a letter of the UK Mission to the European Union dated 29 January 2021. It reads, in its relevant part, as follows: Continue reading