Posts Tagged Civil procedure
EU Civil procedure geeks: Time to sit up. Max Planck Luxembourg have their mutual trust study out. Supports arguments against further harmonisation.
Under the leadership of prof Hess, MPI Luxembourg have collated a treasure chest of data on what, in practice, continues to hold up recognition and enforcement of judgments in the EU Member States. The Study, released last week, was conducted for the European Commission. Its main conclusion suggests that in particular the service of documents could do with streamlining.
That all in all modest recommendation suggests that the very variety of civil procedure rules in the EU Member States in and of itself is not the main obstacle in recognition and enforcement. I insert a big caveat here for I have so far only read the exec summary and the main recommendations, however if they are anything to go by, the study in effect has to serve as a strong argument against more harmonisation of civil procedure rules at the EU level.
Debate no doubt to be continued.
(Handbook of) EU Private international law, 2nd ed. 2016, Chapter 2, Heading 2.2.16.
Thank you to Francesca Petronio and Fabio Cozzi for pointing out relevant new rules of Italian civil procedure prima facie raising issues under the special jurisdictional rules of the Brussels I-Regulation. The changes (introduced earlier in the year) aim to increase the expertise of specialised courts where foreign companies are involved as either plaintiff or defendant. (Only) in the event of special jurisdictional rules, however, the Brussels I regulation does not just identify the courts of a specific Member State as having jurisdiction: it identifies one specific court within that Member State. Court specialisation (such as in the Italian rules, for antitrust cases) would seem to run counter that rule, even if well intended.
All we have to do is to wait for a disgruntled plaintiff or defendant to take issue with the court specialisation where this overlaps with the special jurisdictional rules.