German Federal Court: We have international jurisdiction to an action for an injunction on the grounds of violation of personal rights.

BGH, URTEIL vom 25.10.2016, VI ZR 678/15

The case concerns the applicant – the wife of the retired racing driver Michael Schumacher, who is a German citizen residing in Switzerland. The defendant is a Swiss broadcasting company. The applicant claimed for injunction on the of the defendant’s internet photographic report of the consequences of Michael Schumacher’s skiing accident for the territory of the Federal Republic of Germany and the approach of the media on this topic. The question arises whether German courts have international jurisdiction to an action for an injunction on the grounds of violation of personal rights against the reporting on the website of a foreign broadcasting company limited to the territory of the Federal Republic of Germany.

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Cautious openness: The Spanish Constitutional court’s approach to EU law in recent national case law

By Mario García

In recent months, the Spanish Constitutional Court (SCC) has issued a series of decisions related to EU law that show an interesting combination of both openness toward the European legal order and a certain degree of apprehension to the growing role of the Court of Justice of the European Union (CJEU) in constitutional matters. In these cases the SCC has arrived at fairly pro-EU results: the SCC decided that preliminary references from Spanish courts to the CJEU take precedence over constitutional questions submitted to the SCC, and that a non-transposed, directly-effective EU Directive can be taken as a factor in the interpretation of a constitutional provision. But, as discussed below, the details subtly suggest that the SCC does not fully agree with the ways in which the CJEU has asserted its institutional position, and prefers to avoid potential conflicts in the future.

The full text is available on Еuropeanlawblog

 

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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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