Of rocks and hard stones for national courts – Villalon AG in Mühlleitner: No...
Villalon AG has opined in Case C-190/11 Mühlleitner [Opinion as yet not available in English]. Article 15 of the Brussels I ‘Jurisdiction’ Regulation, offers protective jurisdictional rules for...
View ArticleProve it if you can? E-commerce and jurisdiction: the ECJ further completes...
As tweeted last week, the Court of Justice has clarified the scope of the consumer title of the Brussels-I Regulation in Case C-218/12 Emrek. In Spicheren, a town close to the German border, Mr...
View ArticleThe ECJ in Vapenik: on the perils of cross-interpretation in consumer law
The ECJ held in Vapenik some time ago (December 2013) however I briefly revisit the case on account of Elsemiek Apers writing a case-note on it. The case interprets Article 6(1) d of the European...
View ArticleThe ECJ on prospectus liability. A Kolassal complication?
My tweet on the case when it had just been issued, illustrates the extent of the issues covered by the ECJ’s judgment in C-375/13 Kolassa. Mr Kolassa, as a consumer, through the Austrian bank...
View ArticleWiseley v Amazon: on consumer contracts, click-wrap and putative laws.
Thank you Jeffrey Neuburger for flagging Wiseley v Amazon. Jeffrey has excellent overview and analysis so I will suffice with identifying a few tags: the issue of click-wrap agreements (when does one...
View ArticleQualifying ‘consumers’ on social media and in the case of assignment. Bobek...
Bobek AG must have picked up his knack for colourful language at Teddy Hall. His Opinion last week in C-498/16 Schrems v Facebook is a delight and one does best service to it by simply inviting one...
View ArticleSchrems v Facebook. Consumer class actions and social media.
I reported on Bobek AG’s Opinion in Schrems v Facebook when it came out last year. The CJEU held this morning (judgment so far in FR and DE only) and largely confirms the AG’s Opinion. As I noted at...
View ArticleDouez v Facebook: Consumers as protected categories in Canadian conflict of...
Thank you Stephen Pittel for flagging 2017 SCC 33 Douez v Facebook Inc. Stephen also discusses the forum non conveniens issue and I shall leave that side of the debate over to him. What is interesting...
View ArticlePlanet49: pre-ticked agreement with clauses in terms and conditions.
A quick flag to those of you following consumer protection and the Directive (2002/58) on privacy and electronic communications. In Case C-673/17 Planet49 the Court of Justice is being asked to clarify...
View ArticleJurisdiction re prospectus liability (misrepresentation) before the CJEU...
Even Advocate-General Bobek has not managed to turn jurisdictional issues re prospectus liability into the prosaic type of analysis which many of us have become fond of. His Opinion in C-307/17 Löber v...
View ArticleJurisdiction re prospectus liability. CJEU reiterates Universal Music in...
I reviewed Advocate-General Bobek’s Opinion in C-304/17 Löber v Barclays here. The following issues in particular were of note (I simply list them here; see the post for full detail): First, the AG’s...
View ArticleBosworth (Arcadia Petroleum), and Pillar Securitisation. Two AGs on protected...
Update 06 02 2018 I have inserted in the analysis below of Arcadia, a reference to De Bloos, in the context of the forumshopping considerations (I have also tidied up punctuation in that section)....
View ArticleMilivojević v Raiffeisenbank: Free movement of services yet also protected...
The CJEU held in C-630/17 Milivojević v Raiffeisenbank on 14 February. The case in the main concerns Croatian legislation restricting financial services with Banks other than Croatian ones – a free...
View ArticlePillar Securitisation v Hildur Arnadottir. Material EU consumer law does not...
The CJEU held last week in C-694/17 Pillar Securitisation (v Hildur Arnadottir), on the Lugano Convention’s protected category of consumers. I have review of Szpunar AG’s Opinion here. The issues that...
View ArticleBobek AG in Salvoni v Fiermonte. Brussels Ia’s Article 53 certificate and...
Bobek AG Opined early May (excuse posting delay) in Case C-347/18 Salvoni v Fiermonte. The referring court enquires whether the court of origin tasked with issuing the Article 53 Certificate (issued...
View ArticleSalvoni v Fiermonte. CJEU confirms quasi-notarial nature of Brussels Ia’s...
I reviewed Bobek AG Opinion in Case C-347/18 Salvoni v Fiermonte earlier. The referring court enquires whether the court of origin tasked with issuing the Article 53 Certificate (issued with a view to...
View ArticleVEB v BP: locating purely financial damages in cross-border securities class...
Thank you AKD for flagging the Dutch Hoge Raad (Supreme Court) reference to the CJEU in what at the Court is now known as case C-709/19 Vereniging van Effectenbezitters (VEB) v BP. The Hoge Raad’s...
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