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Written by Marco Farina, Italian lawyer, PhD in Civil ProceduralLaw at the University La Sapienza of Rome – Adjunct Professor of Civil ProceduralLaw at the University LUISS of Rome.
Justice Neil Gorsuch questioned whether the courtsruling would have any practical effect in the FDAs e-cigarette disputes, in light of the governments concession that litigating in the 5th Circuit does not create logistical problems. Almost all of the cases are being filed in the Fifth Circuit, he emphasized.
The mere admissibility of the lawsuit is a victory in itself, given that German environmental law – at least in its express wording – does not give environmental associations the right to sue for the implementation of immediate action programs under the CCA. On the merits as well, the courtruled in favor of the plaintiffs.
The Jurisdiction of the Chinese Court: Prorogated Jurisdiction. Jurisdiction is the first issue that the Court had to consider when it dealt with the dispute. However, the Courtruled that its jurisdiction over the case was established pursuant to the prorogated jurisdiction under the CPL regime. Concluding Remarks.
The court held that, under the disputed clause, only when the option holder chooses to take the proceedings in the designated court will that court have exclusive jurisdiction, but this does not exclude the right of the option holder to sue in other competent courts. [9] 18] In Picc Xiamen Branch v.
On 18 June 2024, the China-ASEAN Free Trade Area Nanning International Commercial Tribunal under the Nanning Railway Transportation Intermediate Court, Guangxi (hereafter the “Nanning Court”), ruled to recognize and enforce a Thai monetary judgment.
First and second instance courts decided in favour of Z. the Supreme Courtruled that the Athens Court of Appeal failed to examine two grounds of appeal raised by M. The case was sent back to the appellate court [Supreme Court nr. As a next step, Z. Upon second appeal (cassation) of M., 635/20.5.2021].
The Court answered this question in the affirmative. The author analyses the background of the decision and discusses its consequences for the long-standing conflict of procedurallaws ( Justizkonflikt) between the United States and Germany. The article sheds some light on the newly fashioned sec.
National civil procedurallaw is called upon to decide which third-country companies can be sued within the EU and how the Ingmar case law for EU domiciled companies will be further developed. This is a problem of uniformity – different national laws allow for different answers.
Looschelders : Cross-border enforcement of agreements on the Islamic dower (mahr) and recognition of family courtrulings in German-Iranian legal relations. These difficulties are compounded by the fact that mutual recognition of family courtrulings is not readily guaranteed.
Both the first instance court and the court in appeal found that the claims were sufficiently connected, despite the contentions of Shell. in the 2015 ruling). In the introduction we mentioned the English Supreme Courtruling in Okpaby v Shell [2021] UKSC 3 of February 2021. The Shell’s contentions were twofold.
In doing so, he writes, the state court applied that law “essentially verbatim” in its opinion, without referring to federal law. Glossip counters that there is a “high hurdle” to overcome the presumption that the Supreme Court can review a state courtruling on an issue of federal law.
The following article presents the German implementing rules for this recast. Magnus: A new Private International Law and new ProceduralRules for Adoptions in Germany. As a result of two recent reforms the German private international and procedurallaws applicable to adoptions have changed quite substantively.
The Higher Regional Court (OLG) Saarbrücken had to decide upon appeal by a German-based limited liability company (GmbH) against a French motor vehicle liability insurer on various questions of French indemnity law and its interaction with German procedurallaw.
The FSIL’s reciprocity clause is consistent with the emphasis on reciprocity that one finds in other provisions of Chinese law. to Article 14(3) is significant because Chinese court decisions that recognize foreign judgments are considered “rulings.”
The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. 108-138. “The Zhang, Chunliang; Huang, Shan. “On
The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. Shchukin A.I. Zhang, Chunliang; Huang, Shan. “On
The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. 84-103 (available here ). 103-113.
The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. Zhang, Chunliang; Huang, Shan. “On 103-113.
The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. Shchukin A.I. Zhang, Chunliang; Huang, Shan. “On
The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. Zhang, Chunliang; Huang, Shan. “On 103-113.
The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. Zhang, Chunliang; Huang, Shan. “On 103-113.
The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. Zhang, Chunliang; Huang, Shan. “On 103-113.
Martiny, Dieter “The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp.
Martiny, Dieter “The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp.
Martiny, Dieter “The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp.
Xs argued that, in doing so, the Court of Appeal went beyond a formal examination of the enforcement requirements and instead engaged into re-examining the substantive merits of the case. Y then appealed to the Egyptian Supreme Court.
More broadly, the states accused the Biden administration of using “collusive, underhanded litigation tactics” to achieve its goal of revoking the policy without complying with federal procedurallaws. The administrative stay means that the policy will not automatically terminate on Wednesday if the justices need more time to rule.
Sonner sought restitution for a past harm but failed to demonstrate that she lacked an adequate remedy at law. The issue was whether federal courts can award equitable relief when state law permits it, but an adequate legal remedy exists. Decision The courtruled in favor of Bachmann, granting her qualified immunity.
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