Private International Law

The French Court of cassation (Cour de cassation) ruled over the risk of international child abduction under the Brussels II bis Regulation

Cour de cassation, civile, Chambre civile 1, 8 mars 2017, 15-26.664, Publié au bulletin

In the present case, the Court of cassation (Cour de cassation) was requested to examine a measure related to the exercise of parental authority in the light of the objectives fixed in Regulation (EC) No 2201/2003 (’Brussels II bis’ Regulation).

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The German Federal Court (BGH) ruled on the strict interpretation of the special consumer protection under Regulation № 44/2001

BGH, BESCHLUSS vom 13.10.2016, IX ZB 9/16

The appellant who is a German citizen, has purchased a wooden house from a Finnish company together with his wife. The spouses ordered the retractable house and the space was supposed to be used as a living space for the family. The appellant and the Finnish company had also signed an agency contract as the appellant wanted to act as a sales representative for the Finish company in Germany.

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Judgment of the German Federal Labor Court (Bundesarbeitsgericht) and the Greek Debt Crisis

5 AZR 962/13 (A)

The present case concerns the debt crisis in light of which the Greek Republic adopted, for the purposes of protecting the national economy, Law Nr. 3833/2010 on urgent measures to tackle the national finance crisis.

In the proceedings before the court the claimant in this case, a teacher who was working at the elementary school under the patronage of the respondent Greek Republic, demanded additional pay as well as payrolls for the period October 2010 till December 2012. The Greek Republic cut in this period his gross remuneration, which originally followed the German collective bargaining law, with a total of 20.262,31 Euro in connection with Law Nr. 3833/2010 and Nr. 3845/2010. The Greek Republic maintained that it had to comply with the reached agreements between it and the European Commission, the European Central Bank and the International Monetary Fund (the troika) by issuing and adopting those laws and in that case there was no other option.

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The French Court of Cassation recalled the rules on prorogation of jurisdiction

Cour de cassation, civile, Chambre civile 1, 24 février 2016, 15-10639

The present case concerned the rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
In March 2006, Mr. X. concluded a franchise agreement with the company Hypromat France to operate a quick self-service car wash facility in Spain.

Subsequently, Mr.X. brought an action before the District court (Tribunal de grande instance) against its contractual partner seeking the voidness of the contract and the payment of damages.
On that occasion, the company Hypromat France raised the lack of jurisdiction in favour of the courts of Barcelona (Spain), under the jurisdiction clause included in the contract.

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The French Supreme Court (Cour de cassation) clarifies the concept of habitual residence

Cour de cassation, Chambre civile 1, 4 mars 2015, 14-19.015, Publié au bulletin

In this case, rules on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility are discussed. Thus, the concept of habitual residence is clarified. A dispute arose between the parents (Mr. X. and Mrs Y.) concerning the establishment of the residence of the child. The appeal court of Limoges (Cour d’appel de Limoges) dismissed the request for the return of the child in Belgium brought by the prosecution. As a result, Mr.X. filed an action before the Supreme Court (Cour de cassation).

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The jurisdiction clause is examined by the French Supreme Court in the light of the Lugano Convention

Cour de cassation, civile, Chambre civile 1, 25 mars 201513-27264

In this case, rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters are discussed. The company ”Danne holding patrimoniale” concluded with the company ”Crédit suisse”, based in Switzerland, two credit framework contracts including a jurisdiction clause stating that the borrower acknowledges that the exclusive place of jurisdiction for all proceedings is Zurich or the place of the bank branch where the relationship is established. However, the bank is entitled to take legal action against the borrower before any other competent court. The company ICH, representing the rights of the company ”Danne holding patrimoniale” questioned the financial package in which this operation was generated. As a result, the company ICH lodged a claim against various financial intermediaries and the company Credit Suisse before a french jurisdiction, seeking a compensation for damages. Subsequently, the appeal court of Angers (Cour d’appel d’Angers) upheld the objection to jurisdiction raised by the company Credit Suisse on the basis of the jurisdiction clause.

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The German Federal Court (BGH) on parental responsibility and the recognition and enforcement of provisional measures

BGH, Beschluss vom 09.02.2011, XII ZB 182/08

The appellant is the mother of two children born in Spain, while the respondent is her former partner, who still lives in Spain. Upon separation, the appellant intended to take both children to Germany. To this end, the parties concluded a notarised agreement under which the appellant was allowed to return to Germany with the children. After she moved to Germany with one of the children, the respondent brought provisional proceedings concerning custody rights in Spain. The court ordered the appellant in a judgment to return the child to the respondent. The respondent sought a declaration of enforceability of the judgment in Germany. The Amtsgericht of Stuttgart (DE) and the Oberlandesgericht of Stuttgart (DE) held in favour of its enforceability. The appellant lodged an appeal on a point of law to the BGH (DE).

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