Showing 1 - 9 of 9
This article examines the rules of jurisdiction in employment matters of Brussels I. It focuses on a paradox in that these rules aim to protect employees jurisdictionally, but in fact fail to accord employees a more favourable treatment when they need it most, namely when they appear as...
Persistent link: https://www.econbiz.de/10013114217
In Bilas the ECJ contributed to the clarification of the relationship between the generally available and protective rules of jurisdiction of the Brussels I Regulation, and thereby, more generally, to the understanding of the jurisdictional protection of weaker parties. The Court held that...
Persistent link: https://www.econbiz.de/10013114218
This article explores how the Brussels I Regulation deals with the allocation of jurisdiction in complex contracts, ie contracts involving either one obligation or a multiplicity of obligations with multiple places of performance. It presents the ECJ's approach to this issue under Article 5(1)...
Persistent link: https://www.econbiz.de/10012940397
This article argues that the rules of European private international law, which frame international litigation in the courts of the Member States of the EU, fail in their pursuit of the cosmopolitan goals of EU environmental policy. The practical application of these rules is limited to the...
Persistent link: https://www.econbiz.de/10012972206
This article deals with the recognition and enforcement of judgments in employment matters in European private international law. After looking into the theoretical underpinnings of the protection of employees by rules of recognition and enforcement of foreign judgments, this article examines...
Persistent link: https://www.econbiz.de/10012986893
This article examines private international law issues raised by transnational contractual networks. The focus is on choice-of-law questions that arise in the context of 1) relations between network members who are contractually bound to one another, 2) relations between network members not...
Persistent link: https://www.econbiz.de/10012996210
In Granarolo SpA v Ambrosi Emmi France SA, the European Court of Justice held that a dispute between a distributor and its supplier concerning an action for damages for the abrupt termination of a long-term business relationship, which was not expressed in a framework, umbrella contract, was a...
Persistent link: https://www.econbiz.de/10012980628
Traditionally, the determination of the territorial scope of the statutory rights conferred by employment legislation forming part of English law has been regarded as an issue entirely disconnected from the choice‐of‐law process. Indeed, this view formed the basis of the key decision...
Persistent link: https://www.econbiz.de/10014166066
This article notes the High Court's decision in British Airways Plc v. Sindicato Espanol de Pilotos de Lineas Aeras, a case concerning the relationship between the right to strike and fundamental economic freedoms guaranteed by the TFEU. The court declined jurisdiction on the ground that the...
Persistent link: https://www.econbiz.de/10013029404