Security for Costs after Brexit: New Federal Patent Court Decision and a Question Mark

On 1 March 2021, the Federal Supreme Court (Bundesgerichtshof) held in a patent case that as of 1 January 2021, British claimants have had to provide security for costs under Section 110 para. 1 German Code of Civil Procedure (ZPO) (see here for the related post). In its decision, the Federal Supreme Court found, without providing any detailed reasoning, that no exception pursuant to Section 110 para. 2 ZPO applied: There was no international treaty in force that would exempt British claimants from the obligation to provide security for costs (for the European law background to Section 110 ZPO, see my post at zpoblog.de). Implicitly, the Federal Supreme Court hence also addressed 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. Continue reading

Civil Justice and Private International Law: EU Commission Issues No-Deal Brexit Gudiance

On 27 August 2020, the EU Commission published an updated “Notice to Stakeholders on the Withdrawal of the United Kindgom and EU Rules in the Field of Civil Justice and Private International Law”. Continue reading

Hague Choice of Court Convention, United Kingdom and Brexit: Withdrawal Agreement Triggers Withdrawal

hcch logoAcceding to the Hague Choice of Court Convention is one of the unilateral steps the United Kingdom is planning to take to partially close the gap that will open in the field of judicial cooperation when the Brussels Regulation falls away upon Brexit.

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Brexit Update: The EU’s Negotiation Strategy

EU CommissionImmediately after Brexit had taken place (for my assessment of what is going to change see here in English and here in German, the European Commission set up a new site: The European Union and the United Kingdom – forging a new partnership. Today, it published draft negotiating directives, as a basis for its negotiation mandate.

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