Arbitration in England vs. Arbitration in Germany – Joint Seminar organised by English Bar Council and DAV, June 21, 2013

On June 21, 2013, the Bar Council of England and Wales and the German Bar Association’s International Section are hosting a seminar in Hamburg which might be of interest to readers. One session is looking at arbitration in the two jurisdictions: Continue reading

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Van Gend & Loos: 50th Anniversary of ECJ Landmark Case

Today is the 50th anniversary of Van Gend en Loos v Nederlandse Administratie der Belastingen, one of the landmark cases of the European Court of Justice. It’s so famous that it has even got its own Wikipedia entry. In short, the Van Gend en Loos judgment established the principle of direct effect: Provisions of the European Economic Community Treaty, as it then was, are capable of creating rights for individuals, and these rights can be enforced by these individuals in the courts of member states. Continue reading

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ECJ on Cross-Border B2C Contracts: Consumers Can Sue At Home Under Contacts Concluded Abroad

The European Court of Justice has clarified an important issue under the Brussels I Regulation (Council Regulation (EC) No 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters). In a judgment dated September 6, 2012 (C-190/11 – Mühlleitner), the court held that a consumer can sue a business counter party in the consumer’s home courts, even if the consumer travelled into the jurisdiction of the business counter party to conclude the transaction. In the words of the Court, “Article 15(1)(c) of the Brussels I Regulation must be interpreted as not requiring the contract between the consumer and the trader to be concluded at a distance.”

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