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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
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
Draft regulation proposing Europe-wide freezing orders
- Herbert Smith Freehills LLP
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- European Union
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- September 9 2011
On 25 July 2011, the European Commission published the proposed European Account Preservation Order (EAPO) Regulation
Class actions: European Parliament sceptical of need for action at EU level
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- September 9 2011
In its draft report published on 15 July 2011, the European Parliament's Committee for Legal Affairs has stated that the Commission has not put forward convincing evidence that action is needed at EU level to ensure that victims of unlawful behaviour are compensated
ECHR finds success fees breached Article 10 rights
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- February 16 2011
In a judgment released in January, the European Court of Human Rights held that the requirement for MGN to pay "success fees" due to Naomi Campbell's lawyers under a Conditional Fee Agreement was incompatible with MGN's right to freedom of expression under Article 10
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
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
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
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
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
Current Search
- Jurisdiction - European Union
- Firm Name - Herbert Smith Freehills LLP
- Author - Anna Pertoldi
- Author - Sonya Leydecker
- Workarea - Litigation