· web viewgroup work on the case study (coffee & tea is served during the workshop) aleš...
TRANSCRIPT
Wednesday, 20 – Thursday, 21 November 2019ERA Conference Centre
Metzer Allee 4, Trier, Germany
EJTN CIVIL LAW PROJECT The Brussels Ia Regulation in judicial practice
– Advanced level –
With financial support from the Justice Programme of the European Union
This conference will provide in-depth training on the Brussels Ia Regulation for judges who are already familiar with the Regulation; present the most recent CJEU case law in the field; provide a platform for debate on topical issues of this key Regulation; discuss the principle of mutual trust among the national courts; promote contacts between national judges from different Member States. The conference is designed to be practice-oriented and focused on peer and expert training. Each conference day will offer presentations and a workshop in which active participation is encouraged.
PROGRAMMEWEDNESDAY, 20th November 2019Activity Coordinator: Angelika Fuchs, Head of Section – European Private Law, Academy of European Law
8.45 - 9.00 Arrival and Registration of Participants
9.00 - 9.15 Welcome Words & Presentation of the European Judicial Training Network (EJTN)
Sara Sipos, Project Manager, European Judicial Training Network (EJTN)
09.15 – 09.30 Pre-Training Knowledge Assessment Sara Sipos, Project Manager, European Judicial Training Network (EJTN)
I. Setting the scene Moderator: Burkhard Hess, Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
9.30 -10.10
10.10-10.20
50 years Brussels I: CJEU’s landmark decisions on autonomous interpretation, jurisdictional issues, free movement of judgments and mutual trust
Q&A session
Aleš Galič, Professor at the University of Ljubljana
10.20-10.50
10.50-11.00
The scope: recent CJEU case law interpreting the term “civil and commercial matters” Sovereign debt litigation: Greek bonds and beyondBrussels Ia and insolvency Actio pauliana Q&A session
Carlos Marinho, Judge at the Court of Appeal of Lisbon
11.00-11.30 Coffee break
II. Selected jurisdictional issues
11.30-11.50 Concepts of contract and torts…and their interplay Extending jurisdiction at the place of performanceRecent CJEU case law and the consequences (e.g. flightright; AB fly LAL-Lithuanian Airlines; Löber vs Barclays Bank)
Marta Requejo Isidro, Cour de Justice, Référendaire Cabinet de l'avocat général M. Campos Sánchez-Bordona, Luxembourg
11.50-12.00 Q&A session
12.00-12.45 Jurisdiction for consumer contracts, Schrems II and representative actions
Marta Requejo Isidro, Cour de Justice, Référendaire Cabinet de l'avocat général M. Campos Sánchez-Bordona, Luxembourg
12.45-13.00
Outcome of the Evaluation Study 2017Recent CJEU case law Implications of the New Deal for Consumers for Brussels IaQ&A session
13.00-14.00
Group photo
Lunch Break
Moderator: Carlos Marinho, Judge at the Court of Appeal of Lisbon
14.00-14.30
14.30-14.45
Prorogation clauses: recent developments Brussels Ia and the Hague Choice of Court ConventionJurisdiction clause in terms and conditions of the invoice (Saey Home)Scope of jurisdiction clause (distribution contract: Apple Sales Int.)
Q&A session/Discussion
Michael Wilderspin, Member of the Legal Service of the European Commission, Brussels
14.45 – 16.15 Workshop: Claiming damages after a car accident abroad Practical case study taking into account the most recent CJEU case law on jurisdiction in insurance matters, including action directe and cessio legisIntroduction to the workshop and division into groupsGroup work on the case study (Coffee & tea is served during the workshop)
Aleš Galič, Professor at the University of Ljubljana
16.15-17.00 Plenary session: discussion of the case study
17.00 End of Day 1
19.30 Official Seminar Dinner at Vienna Easy House Hotel
THURSDAY, 21st November 2019Activity Coordinator: Angelika Fuchs, Head of Section – European Private Law, Academy of European Law
9.00-9.15 Arrival and Registration of Participants
III. Mutual trust, recognition and enforcement Moderator: Michael Wilderspin, Member of the Legal Service of the European Commission, Brussels
9.15-9.45
9.45-10.00
Remedies concerning enforcement of foreign judgments Concept of remediesAfter the abolishment of exequatur: which grounds do still exist to stop enforcement?Extension of the effects of a judgment to another Member State?Q&A session
Cristina Mariottini, Senior Research Fellow, Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
10.00-10.45 Loss of mutual trust as a ground for refusal of recognition: problem analysis on the example of the judiciary crisis in Poland
Cristina Mariottini, Senior Research Fellow, Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
Q&A session10.45-11.15 Coffee break
11.15-11-45
11.45-12.00
Recognition and enforcement after Brexit
Q&A session
Michael Wilderspin, Member of the Legal Service of the European Commission, Brussels
12.00-12.30 Preliminary reference procedure: an introduction
Michael Wilderspin, Member of the Legal Service of the European Commission, Brussels
12.30-13.30 Lunch break
IV. The application of EU law: how to bridge the gap between the national courts and the CJEU
13.30 - 14.30 Workshop: Drafting a preliminary ruling Carlos Marinho, Judge at the Court of Appeal of Lisbon
14.30 - 15.30 Discussion/Solution of the case study
15.30 -16.00 Post-Training Knowledge Assessment Sara Sipos, Project Manager, European Judicial Training Network (EJTN)
16.00-16.15 Closing remarks Sara Sipos, Project Manager, European Judicial Training Network (EJTN)
16.30 Departure of Participants
ACTIVITY COORDINATOR Angelika Fuchs, Course Director - Private Law, European Academy of Law
SPEAKERS (in alphabetic order)
Aleš Galič, Professor at the University of Ljubljana
Burkhard Hess, Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
Marta Requejo Isidro, Max Planck Institute Luxembourg for Procedural Law
Carlos Marinho, Judge at the Court of Appeal of Lisbon
Cristina Mariottini, Senior Research Fellow, Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
Michael Wilderspin, Member of the Legal Service of the European Commission, Brussels
European Judicial Training Network123, rue du CommerceB-1000 Bruxelles
Phone +32 2 280 22 42Fax +32 2 280 22 36Mail [email protected]
www.ejtn.eu