Skip to content
gavc law - geert van calster

gavc law – geert van calster

A boutique blog and legal practice on niche areas of the law. Recent developments in conflict of laws; WTO law; environmental law.

  • About
  • Mini me. Recent practice instructions and short bio.

Tag: account preservation order

Posted on 26/08/201902/12/2019

Szpunar AG on ‘authentic instrument’ in the European account preservation order Regulation.

Update 2 December 2019 for additional analysis see here and here.

Update 8 November 2019 the Court yesterday confirmed the AG’s Opinion.

Like quite a few of the Opinions and Judgment in my recent blog posts, Szpunar AG’s recent Opinion in C-555/18 KHK v BAC (*mutters his usual rant on the idiocy of the parties’ anonimisation rule*) was issued just before many of us took a short summer break. Carlos Santaló Gorisseemingly did not and I am happy to refer in the main to his analysis.

The Advocate General refers first of all to the infamous decision in 125/79 Denilauler, excluding ex parte provisional or protective measures from enforcement under the then Brussels Convention. The European Account Preservation Order Regulation 655/2014 was intended to fix this particular chink in the European civil procedure armour. Which national decisions fit with its definition of ‘authentic instrument’ is the subject of current proceedings, and Szpunar AG as Carlos reports takes a balanced approach between facilitating free movement without assisting abuse.

Of note is that the EAPO Regulation hitherto has received very little practice. Clarification of its precise scope is crucial.

Geert.

(Handbook of) EU Private International Law, 2nd ed. 2016, Chapter 2, Heading 2.2.15, Heading 2.2.16.1.1.

 

Share this:

  • Twitter
  • Facebook
  • Email
  • LinkedIn

Like this:

Like Loading...

Recent Posts

  • The continuing enigma that is the Brussels Ia arbitration exception. The Paris CFI on liability claims against arbitrators. 15/04/2021
  • Italy’s residual private international law rules in the spotlight in Dolce & Gabbana v Diet Prada defamation suit. 02/04/2021
  • Swiss court’s refusal of recognition under Lugano 2007 shows the difficult road ahead for UK judgments. 02/04/2021
  • Suing ‘Norsk Hydro’ in The Netherlands. No engagement it seems of Article 33-34 BIa ‘from non conveniens light’. 02/04/2021
  • The CJEU on ‘civil and commercial’ in Obala. No panacea. 29/03/2021

Also of note

My Tweets

Categories

Archives

Meta

  • Register
  • Log in
  • Entries feed
  • Comments feed
  • WordPress.com
Blog at WordPress.com.
loading Cancel
Post was not sent - check your email addresses!
Email check failed, please try again
Sorry, your blog cannot share posts by email.
<span>%d</span> bloggers like this: