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Wednesday, 20 – Thursday, 21 November 2019 ERA 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

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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