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Reforms to Brussels Regulation now finalised

Herbert Smith Freehills LLP
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European Union
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December 12 2012

On 6 December the Council of EU Justice Ministers adopted proposed reforms to Council Regulation (EC) No 442001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels Regulation

Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration

Herbert Smith Freehills LLP
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European Union, United Kingdom
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January 29 2010

In Accentuate v Asigra 2009 EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim

The review of the Brussels Regulation and the efficacy of jurisdiction and arbitration clauses

Herbert Smith Freehills LLP
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European Union
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June 7 2010

The Brussels Regulation (Council Regulation (EC) No 442001) sets out detailed rules on the jurisdiction of courts and the enforcement and recognition of judgments within the EU, including rules relating to jurisdiction agreements and the interface of the Regulation with arbitration

Privilege and in-house lawyers ECJ ruling on intervenors

Herbert Smith Freehills LLP
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European Union, United Kingdom
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March 25 2009

The European Court of Justice (ECJ) has refused permission for various bodies, including the Law Society of England & Wales, the American Bar Association and the Association of General Counsel and Company Secretaries of the FTSE 100 (the GC100), to intervene in the appeal to the ECJ in the long-running Akzo Nobel case

ECJ rules in-house lawyers cannot represent their client companies before EU courts

Herbert Smith Freehills LLP
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European Union
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October 3 2012

The Court of Justice of the European Union (ECJ) has ruled that in-house lawyers cannot represent their client companies in proceedings before the EU courts: Prezes Urzedu Komunikacji Elekronicznej and Republic of Poland v European Commission C-42211 and C-42311

European Commission to launch broad consultation on collective actions before progressing proposals for competition claims

Herbert Smith Freehills LLP
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European Union
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June 7 2010

Over the past few years the European Commission has taken steps toward the reform of collective redress procedures in two areas: (i) damages actions for breach of EC competition law (by consumers or business); and (ii) consumer claims more generally

Rome I Regulation - Commission decision on UK request

Herbert Smith Freehills LLP
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European Union, United Kingdom
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March 25 2009

In 2006 the UK notified the European Commission that it intended to opt out of the Rome I Regulation (5932008EC) on the law applicable to contractual obligations

Report and green paper on the Brussels Regulation

Herbert Smith Freehills LLP
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European Union
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June 25 2009

The European Commission has adopted a report and green paper on the functioning of the existing rules on the jurisdiction of the courts and the recognition and enforcement of foreign judgments contained in the Brussels Regulation (442001EC

ECJ prohibits use of anti-suit injunctions in support of arbitration agreements in the EU

Herbert Smith Freehills LLP
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European Union, United Kingdom
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March 25 2009

The European Court of Justice (ECJ) handed down a judgment on 10 February confirming the Advocate General's opinion that anti-suit injunctions should not be granted by an EU Member State court in order to restrain proceedings in another Member State on the ground that the proceedings would be in breach of an arbitration agreement

Advocate General opinion: no legal professional privilege for in-house lawyers in EU competition investigations

Herbert Smith Freehills LLP
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European Union
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June 7 2010

In the EU competition law context, the Advocate General's opinion in Akzo Nobel Chemicals Ltd v Commission of the European Communities (Akzo) was published on 29 April 2010