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This seventh volume in the Swedish Studies in European Law series
brings together some of the most prominent scholars working within
the fast-evolving field of EU civil justice. Civil justice has an
impact on matters involving, inter alia, family relationships,
consumers, entrepreneurs, employees, small and medium-sized
businesses and large multinational corporations. It therefore has
great power and potential. Over the past 15 years a wealth of EU
measures have been enacted in this field. Issues arising from the
implementation thereof and practice in relation to these measures
are now emerging. Hence, this volume will explore the benefits as
well as the challenges of these measures. The particular themes
covered include forum shopping, alternative dispute resolution,
simplified procedures and debt collection, family matters and
collective redress. In addition, the deepening of the field that
continues post-Lisbon has occasioned a new level of regulatory and
policy challenges. These are discussed in the final part of the
volume which focuses on mutual recognition also in the broader
European law context of integration in the Area of Freedom,
Security and Justice.
This book grew out of a major European Union (EU) funded project on
the Hague Maintenance Convention of 2007 and on the EU Maintenance
Regulation of 2009. The project involved carrying out analytical
research on the implementation into national law of the EU
Regulation and empirical research on the first year of its
operation in practice. The project also engaged international
experts in a major conference on recovery of maintenance in the EU
and worldwide in Heidelberg in March 2013. The contributions in
this book are the revised, refereed and edited versions of the best
papers that were given at the conference. The book is divided into
four parts: (i) comparative context (ii) international, looking at
national and non-European regional practice and how the Hague
Convention could change things; (iii) international and the EU,
looking at issues covered by both the Hague Convention and the EU
Regulation; and (iv) the EU - looking at the Maintenance
Regulation. This is the first study to look carefully at both of
the new cross-border maintenance regimes globally and in Europe and
to begin the examination of the practical operation of the latter
regime. The approval of the Hague Convention by the EU on 9 April
2014 is a major step forward for its practical significance in
enabling the recovery of child and spousal support, as from 1
August 2014 all of the 28 EU Member States apart from Denmark will
be bound by the Convention.
Now in its fourth edition, the Wieczorek/Schutze legal commentary
is a virtual institution in the field of civil procedure. This
fourteen-volume guide once again sets the standard for legal
reference works. Based on solid legal scholarship, it
comprehensively considers practical requirements and needs in
relation to civil procedure. The authorial team, which is composed
of 33 legal scholars and practitioners - including several new
younger members - ensures that the commentary remains true to its
rich traditions, but at the same time is up-to-date for current and
future needs. In addition to German civil procedure, the commentary
addresses relevant supplementary laws in Germany (e.g. EGZPO, GVG,
KapMuG, and MediationsG), as well as European and international
civil procedure. The commentary also takes into consideration
relevant legal changes as well as the newest developments in case
law and legal teaching. Here you find an overview of all fourteen
volumes. Take a closer look at the extract of volume 12 1067-1109;
Internationales Zivilprozessrecht; Rechtsquellen und Materialien.
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Zivilprozessordnung und Nebengesetze, Band 4/Teilband 1, 704-807 (German, Hardcover, 3rd 3., 1999 ed.)
Christoph G. Paulus, Burkhard Hess, Rolf A Schutze, Stephan Salzmann, Anton Franz Steiner, …
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What road should procedural innovation take? More than 20 experts
from practice and academia discuss the future of EU civil
procedure, ranging from cross-border enforcement to mutual trust,
from E-CODEX to Online Dispute Resolution. They offer blueprints
for a reinvigorated judicial cooperation.
This book grew out of a major European Union (EU) funded project on
the Hague Maintenance Convention of 2007 and on the EU Maintenance
Regulation of 2009. The project involved carrying out analytical
research on the implementation into national law of the EU
Regulation and empirical research on the first year of its
operation in practice. The project also engaged international
experts in a major conference on recovery of maintenance in the EU
and worldwide in Heidelberg in March 2013. The contributions in
this book are the revised, refereed and edited versions of the best
papers that were given at the conference. The book is divided into
four parts: (i) comparative context (ii) international, looking at
national and non-European regional practice and how the Hague
Convention could change things; (iii) international and the EU,
looking at issues covered by both the Hague Convention and the EU
Regulation; and (iv) the EU - looking at the Maintenance
Regulation. This is the first study to look carefully at both of
the new cross-border maintenance regimes globally and in Europe and
to begin the examination of the practical operation of the latter
regime. The approval of the Hague Convention by the EU on 9 April
2014 is a major step forward for its practical significance in
enabling the recovery of child and spousal support, as from 1
August 2014 all of the 28 EU Member States apart from Denmark will
be bound by the Convention.
EU consumer law affords a number of substantive rights to
consumers. Often however, the protection of these rights is
undermined as a consequence of the complexity and lack of knowledge
in the Member States of EU consumer legislation and case law. This
volume presents a comparative examination of the enforcement of
these rights in the EU Member States, with an extensive empirical
evaluation of national procedural rules and practices. Following a
comprehensive assessment of the nature and characteristics of EU
consumer law, the volume identifies and evaluates key procedural
themes that shape the equivalent and effective protection of EU
consumer rights in light of European Court of Justice case law.
Alongside Impediments of National Procedural Law to the Free
Movement of Judgments: Luxembourg Report on European Procedural Law
Volume I, this volume offers the most comprehensive,
empirically-driven comparative investigation of national civil
procedure thus far undertaken in Europe. Using an extensive dataset
comprising hundreds of interviews and responses to a multi-language
online survey, it examines the rules of civil procedure in all EU
Member States, and identifies their impact on the protection of
consumers under EU consumer law. This volume will be of interest to
all practitioners, academics and policymakers with a focus on
judicial cooperation, civil justice and consumer protection, and
will facilitate a better understanding of the impact of national
procedural laws on the effectiveness of EU consumer protection.
Regulation No 1346/2000 of 29 May 2000 (EIR) is the cornerstone of
European insolvency law. The Regulation, which is directly
applicable in all Member States, is the legal basis for
cross-border insolvencies within the European Union. Paving the way
for a new European insolvency law, the Heidelberg-Luxembourg-Vienna
Report carries out a comprehensive legal and empirical evaluation
of European insolvency law practice in the Member States. Based on
thorough analyses the general reporters evaluate the Regulation and
provide recommendations for its current revision. General reporters
Professor Burkhard Hess (Luxembourg/Heidelberg), Dr Christian
Koller (Vienna), Dr Bjoern Lankemann (Heidelberg/Luxembourg), Dr
Robert Magnus (Heidelberg), Professor Paul Oberhammer
(Vienna/London/St Gallen), Professor Thomas Pfeiffer (Heidelberg),
Professor Andreas Piekenbrock (Heidelberg), Michael Slonina
(Vienna) National reporters Dr Krista Pisani Bencini (Valletta),
Samantha Bewick (London), Prof Dr Eric Bylander, LLD (Uppsala), Dr
Rosanne Bonnici (Valletta), Prof Dr Remo Caponi (Florence), Mgr
Slavomir M.Eauder (Prague), Dr Jeanette Ciantar (Valletta), Prof Dr
Zoltaa Csehi (Budapest), Prof Dr Gilles Cuniberti, LLM
(Luxembourg), Prof Dr Ales Galie (Ljubljana), Prof Dr Francisco
Garcimartin (Madrid), Prof Dr Ivan Heredia (Madrid), Prof Burkhard
Hess (Luxembourg/Heidelberg), Dr Laura Kirilevieiute (Lithuania),
Prof Dr Nikolaos Klamaris (Athens), Dr Bjoern Laukemann
(Heidelberg/Luxembourg), Dennis Lievens, LLM (Heidelberg), Prof Dr
Tuula Linna, LLD (Lapland), Dr Robert Magnus (Heidelberg), Prof Dr
Federico M Mucciarelli (London), Dr Carl Friedrich Nordmeier
(Wiesbaden), Dr Ailbhe O'Neill (Dublin), Nina Orehek (Ljubljana),
Polina Pavlova (Luxembourg), Joanna Perkins (London), Prof Thomas
Pfeiffer (Heidelberg), Prof Andreas Piekenbrock (Heidelberg), Dr
Tomas Richter (Prague), Veronika Sajadova (Latvia), Mag Gottfried
Schellmann (Vienna), Christopher Seagon (Heidelberg), Kristina
Sirakova (Luxembourg), Michael Slonina, LLM (Vienna), Prof Dr Elisa
Torralba (Madrid), Prof Dr Paul Varul (Tartu), Prof Dr PM Michael
Veder (Nijmegen), Dr Signe Viimsalu (Tallinn), Gheorghe-Liviu
Zidaru (Bucharest)
On the 27th of September 1968, the six EC Member States signed the
Brussels Convention on jurisdiction and the enforcement of
judgments in civil and commercial matters. 50 years later, the
European Court of Justice and the Max Planck Institute Luxembourg
organised an international conference on the major developments,
achievements and challenges of the European law of civil procedure.
This book brings together contributions written by members of the
Court of Justice of the European Union, established academics and
young researchers reflecting on the Brussels Regime. It offers
insights on the dialogue between the Court of Justice and national
courts on the interpretation of the European law of civil procedure
and how it shaped the Europeanisation of private international law.
Beyond this assessment of the past, the book offers some
reflections on the future architecture of the European law of civil
procedure and the suitability of the Brussels regime to the
challenges of the current era. This will be read with interest by
academics, practitioners and policy-makers.
The study is a result of a collaborative research project
addressing "The Implementation of the New Insolvency Regulation -
Improving Cooperation and Mutual Trust". The project was undertaken
by the Max Planck Institute Luxembourg for Procedural Law, the
University of Vienna and the University of Milan, and co-funded by
the European Union as part of the Commission's Action Grants 2013
for Civil Justice. The focus of the study concerns specific issues
of cross-border insolvencies under the recast of the Insolvency
Regulation which already has been prepared by a large part of the
contributing authors in the Heidelberg-Vienna-Luxembourg Report.
The study is comprised of three major topics: 1.The Regulation's
extended scope of application, including pre-insolvency and hybrid
proceedings, the relationship between Article 1(1) of the
Regulation and its Annex A, as well as the interplay between the
Insolvency Regulation and the Brussels Ibis Regulation; 2.the
cooperation between main and secondary insolvency proceedings, the
new instruments, such as "synthetic proceedings", destined to avoid
or postpone the opening of secondary proceedings, further the
cooperation between administrators and courts of different
proceedings as well as protocols to enhance cooperation;
3.insolvencies of groups of companies, with a particular focus on
jurisdiction, COMI-migration, "group coordination proceedings" and
other instruments of coordination.
In this Liber Amicorum, leading experts and old-time friends from
around the world come together to pay tribute to Christopher
Hodges' multifaceted career and work by exploring what can be done
to deliver justice and fairness, focusing on collective redress,
consumer dispute resolution, court system reform, ethical business
regulation and regulatory delivery. After a decade-long career as a
solicitor, Christopher Hodges became Professor of Justice Systems
at the Centre for Socio-Legal Studies at the University of Oxford.
Throughout his academic career he worked on a variety of topics
dealing with access to justice and dispute resolution: from product
liability, procedural/funding systems and collective redress, to
alternative dispute resolution and ethical business regulation. In
2021 Christopher Hodges was awarded an OBE for services to business
and law. His ground-breaking research not only inspired students
and colleagues, but also influenced policymakers worldwide.
Delivering justice, and "making things better", runs like a thread
through his work; the same thread connects the chapters in this
book.
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