By Peter Stone, Youseph Farah
This completely revised and up to date moment variation analyses intimately the present improvement of non-public overseas legislation at eu Union point. Peter Stone examines the provisions of, and the case-law on, measures resembling the Brussels I legislation on civil jurisdiction and judgments; the Rome I and II laws at the legislation appropriate to contractual and non-contractual responsibilities; the Brussels IIA law on matrimonial lawsuits and parental accountability; legislation 4/2009 on upkeep; and rules 1346/2000 on insolvency court cases. the writer welcomes, in precept, the flow in the direction of ecu harmonization within the sphere of personal foreign legislations, yet has misgivings over quite a few elements of the present laws and case-law. Given the enormous improvement during this region of legislation because the first version, legislation lecturers, legislations scholars, and criminal practitioners attracted to overseas litigation in concerns ruled via inner most legislations will warmly welcome this new e-book.
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Extra resources for EU Private International Law (Elgar European Law)
Example text
Chapter VII (Articles 67–72) deals with the relationship between the Regulation and other Community legislation or international conventions. Chapter VIII (Articles 73–6) deals with entry into force and amendments. 45 By Article 1(1), the Regulation applies in civil and commercial matters, whatever the nature of the court or tribunal, but it does not extend, in particular, to revenue, customs or administrative matters. By Article 1(2), it does not apply to: (a) the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession; (b) bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings; (c) social security; and (d) arbitration.
The European Court explained that a consumer protection organisation is a private body, and such proceedings did not in any way involve the exercise of powers derogating from the legal rules applicable to relations between private individuals. 50 See Case C-420/07: Apostolides v Orams [2009] ECR I-3571. 56 Nor, as the European Court ruled in Lechouritou v Germany,57 does the Regulation apply to claims for compensation brought against a Member State by individuals as victims or successors of the victims of acts perpetrated by its armed forces in the course of warfare, even if the acts complained of were contrary to the law of war and amounted to crimes against humanity.
For operations conducted by armed forces are one of the characteristic emanations of State sovereignty, especially as they are decided upon in a unilateral and binding manner by the competent public authorities and are inextricably linked to foreign and defence policy; and unlawful acts carried out in the exercise of public powers retain their public character. 58 For the conduct of a teacher in a state school, in his function as a person in charge of pupils during a school trip, does not entail the exercise of powers going beyond those applicable in relations between private individuals.