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Litigation

08 October 2019
Kate McKenna European Commission issues study on enforcement of state aid rules and decisions by national courts

European Union - Matheson

The European Commission recently published a study which identifies the emerging trends and best practices with regard to the national courts' enforcement of state aid law across the European Union. In terms of trends, the study highlights that national courts rarely conclude that unlawful state aid has been granted (by their national authorities) and hence have rarely awarded remedies in favour of complainants that allege that state aid has been granted. This trend is particularly evident in relation to damages claims.

Authors: Kate McKenna, Helen Kelly
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Kate McKenna Recent rulings on state aid

Ireland - Matheson

Two recent Irish court rulings have helped to shed light on the role of the national courts in state aid cases. These cases are particularly relevant as the role of the courts is likely to continue to grow in importance for Irish clients in the coming years. In the first, the Supreme Court strongly affirmed the Circuit Court's jurisdiction to hear state aid allegations. In the second, the High Court determined that examinership does not trump a state aid decision from the European Commission ordering recovery.

Authors: Kate McKenna, Helen Kelly
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Chris Ross Tortious claims against third party may trigger anti-suit injunction

United Kingdom - RPC

A party's attempt to circumvent a jurisdiction clause by bringing tortious claims against a third party has been thwarted by the High Court. In granting an anti-suit injunction, the court explored the substance of the claims and found them to be vexatious and oppressive and designed to evade the exclusive jurisdiction clause. This case demonstrates the courts' willingness to look into the substance of an impugned foreign claim in order to assess whether it is a tactic designed to evade an exclusive jurisdiction clause.

Authors: Chris Ross, Kirtan Prasad
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Recent updates

Dominique Müller Broad jurisdiction for avoidance claims (actio pauliana) – also for Swiss defendants?

Switzerland - Lenz & Staehelin

Authors: Dominique Müller, Janine Häsler
Haco van der Houven van Oordt Court removes need for bailiffs to board ships to execute arrests

Netherlands - AKD The Netherlands

Author: Haco van der Houven van Oordt
Emily Rome One bad disclosure apple can spoil the whole full and frank barrel

United Kingdom - RPC

Authors: Emily Rome, Andy McGregor
Tarek Farran Only Lebanese courts can settle disputes between foreign companies and Lebanese exclusive representatives

Lebanon - Farran Law Firm

Authors: Tarek Farran, Aline Saade
Charles Allen Setting aside orders to extend validity of writs

Hong Kong - RPC

Authors: Charles Allen, Antony Sassi
Ulyarta Naibaho Supreme Court pushes ahead with expansion of e-litigation services

Indonesia - Ali Budiardjo, Nugroho, Reksodiputro

Authors: Ulyarta Naibaho, Adithya Lesmana
Nicolas Contis Civil procedure reform: appeal proceedings regarding questions of jurisdiction clarified

France - Kalliopé

Authors: Nicolas Contis, Talel Aronowicz, Camille Doguet
Sergio Passerini Supreme Court of Cassation finds that aim of greater productivity justified employee's dismissal

Italy - Ichino Brugnatelli e Associati Studio Legale

Author: Sergio Passerini

Upcoming event

3rd IBA Litigation Committee Conference on Private International Law

24-25 October 2019 – Milan, Italy

Now in its third year, this leading conference will once again bring together practitioners from around the globe to discuss Brexit, the mushrooming of International Commercial Courts in Europe and sanctions.


For more details go to:
https://www.ibanet.org/Conferences/conf988.aspx?utm_source=LitigationMilan&utm_medium=listing&utm_campaign=ILO

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