To the best of my knowledge, the Federal Supreme Court (Bundesgerichtshof) decision of 1 March 2021 is the first one dealing with one of the procedural issues arising after Brexit, namely the question of security for costs to be posted by British plaintiffs in German proceedings pursuant to Section 110 German Code of Civil Procedure (Zivilprozessordnung, ZPO). In this case, proceedings were already pending before the United Kingdom’s effective withdrawal from the European Union. Implicitly, the Federal Supreme Court also addresses the question whether “old” multilateral treaties such as the 1968 Brussels Convention or bilateral treaties such as the 1960 British-German Convention were revived after Brexit. Read More
Tag: Brexit
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Professor Steve Peers published a “thread on where we stand with EU conclusion of the Brexit deal, based on internal unpublished Council documents.”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: Read More
The Month in Retrospect: What Else Happened in January 2021
Good Old-fashioned Print: IPRax and RabelsZ
The first issue of this year’s IPRax is now out, and English-language abstracts can be found over at Conflict of Laws. The same is true for RabelsZ: Issue 1/2021 is available online, with abstracts on Conflict of Laws. The focus of RabelsZ is on private international law, whereas IPRax does have a couple of procedural articles on post-Brexit judicial cooperation, on cum-ex jurisdiction as well as on the Lugano Convention and the Brussels Regulation. Read More
Art Law: Artist’s Resale Right After Brexit
The artist’s resale right (droit de suite) entitles artists or their heirs to a royalty in relation to secondary sales of their works, calculated as a percentage of the resale price. Some players in the London art market had seen Brexit as an opportunity to get rid of the artist’s resale right, as in their view, it put London at a disadvantage with marketplaces in the United States or Switzerland, where no such right exists.