Quentin Decleve, Author at international litigation blog
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Author:Quentin Decleve

CJEU Lacks Jurisdiction to Rule on Slovenia/Croatia Border Arbitration Dispute

On 31 January 2020, the Grand Chamber of the Court of Justice of the European Union (the CJEU) handed down its judgment in Slovenia v. Croatia (C-457/18), declaring that the CJEU lacked jurisdiction to rule on the interpretation of an arbitral award settling the border dispute between the two countries.READ MORE

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CJEU’s Advocate General Issues Opinion on State Immunity and Summary Proceedings Involving International Organisations

On 2 April 2020, the Advocate General[1] to the Court of Justice of the European Union (CJEU), Henrik Saugmandsgaard Øe (AG Saugmandsgaard Øe), handed down an Opinion in a case which raised very interesting issues relating to the interaction and application of Regulation (EU) No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels Ibis Regulation) in summary proceedings involving international organisations. The case also raised interesting issues relating to the interplay between the Brussels Ibis Regulation and the immunity enjoyed by such international organisations.READ MORE

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ECtHR Rules on Impartiality of Turkish Arbitration Proceedings for Settling Football Disputes

On 28 January 2020, the European Court of Human Rights (the ECtHR) ruled that Turkish arbitration rules applicable to the settlement of football disputes were incompatible with Article 6 § 1 (right to a fair trial) of the European Convention of Human Rights (the ECHR).

The case originated in five applications against Turkey lodged by Ali Rıza, (a dual British and Turkish citizen), and four Turkish nationals: one football referee (downgraded from top-level assistant referee to “provincial referee”) and three amateur football players (found guilty of match-fixing charges).

All five applicants complained that the proceedings before the legal committees of the Turkish Football Federation (the TFF) had not satisfied the requirements of independence and impartiality under Article 6 § 1 ECHR.READ MORE

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Munich Court of Appeals Issues Anti-Anti-Suit Injunction in FRAND Case

As a supplement to the blogpost published a couple of weeks ago on the judgment of the Paris Court of First Instance (Tribunal de Grande Instance) of 8 November 2019 which issued an anti-anti-suit injunction against Lenovo ordering that company to withdraw a request for an anti-suit injunction pending before a US Court, Mr Peter Bert (a reader of this blog) shared with me an article that he wrote concerning a similar case recently put before German courts.

My colleagues Steve Ross and Rebecca Halbach discussed this German case in the latest edition of Van Bael & Bellis’ Competition Law Newsletter. I have decided to reproduce their article below.

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Article drafted by Steve Ross and Rebecca Halbach

On 12 December 2019, the Munich Court of Appeals (Oberlandesgericht München) (the Court) upheld the judgment of the Munich District Court (Landgericht München I) of 2 October 2019 which had granted a preliminary injunction in a case pitting Continental (Continental), an automobile supplier, against Nokia (Nokia), a telecommunications company. The Court ordered Continental to withdraw the action for anti-suit injunction which that company had brought against Nokia before the US District Court of the Northern District of California (the US Court) in a patent dispute.READ MORE

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Proposal for Directive on Collective Representation Actions Enters Interinstitutional Negotiations

On 9 January 2020, the Legal Affairs Committee of the European Parliament (the EP) decided to open interinstitutional negotiations with representatives of the Council of the European Union (the Council of the EU) and of the European Commission in order to reach a compromise on the conclusion of a Directive repealing Directive 2009/22/EC as regards representative actions for the protection of the collective interests of consumers (the Directive Proposal). As discussed before (here and here), the Directive Proposal aims to facilitate redress for consumers if there are widespread infringements of their rights in more than one EU Member State.

The Directive Proposal was initially approved in first reading by the EP in March 2019. On 28 November 2019, the Council also agreed on a general approach as regards to the Directive Proposal.

Following the decision of the Legal Affairs Committee of the EP’s, the EU institutions will now cooperate with a view to reconcile their positions in order to adopt the Directive Proposal without having to enter into a second reading process.

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French Court Issues Anti-Anti-Suit Injunction Claim in FRAND Dispute

Article drafted by Steve Ross, Associate at Van Bael & Bellis

On 8 November 2019, the Paris Court of First Instance (Tribunal de Grande Instance) (the French Court) issued a judgment (in case RG 19/59311) for a preliminary injunction in a case pitting IPCOM GmbH & Co. KG (IPCom), an intellectual property rights licensing and technology R&D company, against Lenovo/Motorola (Lenovo), a telecommunications company. The French Court held that it had jurisdiction over the case with regard to a patent infringement claim and ordered Lenovo to withdraw the motion for an anti-suit injunction which that company had brought before the US District Court of the Northern District of California (the US Court) in so far as it concerns the French part of the patent.READ MORE

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EU Council Revises and Approves Proposal for Directive on Collective Representative Actions

On 28 November 2019, the Council of the European Union (the Council) revised and approved the proposal for a Directive (the Draft Directive) on collective representation actions for the protection of collective interests of consumers.

The Draft Directive was initially proposed by the European Commission in April 2018 and was then examined, in first reading, by the European Parliament (the EP).

The Draft Directive aims to empower qualified entities, such as consumer organisations, to seek, in addition to injunctions, redress measures, including compensation or replacement, on behalf of a group of consumers that has been harmed by a trader in areas such as data protection, financial services, travel and tourism, energy or telecommunications.READ MORE

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