Cross-Border Litigation in Central Europe
Cross-Border Litigation in Central Europe

Author: Csongor István Nagy

Publisher: Kluwer Law International B.V.

Published: 2022-07-12

Total Pages: 494

ISBN-13: 9403537108

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Cross-Border Litigation in Central Europe EU Private International Law Before National Courts As a consequence of the ever-increasing intercourse within the enlarged and diverse European Union (EU), a growing number of businesses, consumers, and families rely on EU private international law instruments to seek justice in cross-border disputes. This invaluable reference book offers an in-depth understanding of this process in Central Europe and is the first to provide a comprehensive and analytical overview of the judicial practice in the region and to make this case law accessible in English. Presenting the results of a major EU-funded project (CEPIL), the book offers an insight into the reality of EU private international law and cross-border litigation in Central Europe: it provides a comprehensive and exhaustive presentation of the case law in 10 Central European Member States (Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, and Slovenia); it covers all fields of EU private international law (general civil and commercial, insolvency, family and succession matters); it inquires whether EU private international law functions optimally in the Central European Member States in order to secure a Europe of law and justice; it examines whether EU private international law instruments are applied in a correct and uniform manner and whether national courts deal appropriately with disputes having a cross-border element; it analyzes whether the current legal and institutional architecture is susceptible of securing legal certainty and an effective remedy for cross-border litigants. This important practical resource helps businesses, consumers, families and legal counsels engaged in cross-border mobility to gain access to essential information and analysis as to the application and interpretation of EU private international law in Central Europe. The book is also highly valuable to academics and researchers specializing in private international law by presenting the research findings of the CEPIL project.

Eu Cross-Border Commercial Mediation
Eu Cross-Border Commercial Mediation

Author: Anna Howard

Publisher: Kluwer Law International

Published: 2021-01-13

Total Pages: 288

ISBN-13: 9789403517537

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EU Cross-Border Commercial Mediation' is a book which focuses on the European Union?s (EU?s) continued efforts to encourage the use of cross-border mediation and examines why such efforts have had a limited impact. It does so by drawing on rare, and at times surprising, detailed insights from the in-house counsel of multinational companies regarding their use of EU cross-border commercial mediation. By viewing mediation through the disputants? perspective, new and important findings regarding why disputants do, and do not, use cross-border mediation have emerged. While these findings are of primary relevance to EU policy and practice, they have implications far beyond the EU context at a time of increasing international interest in cross-border mediation.

Cross-Border Litigation in Europe
Cross-Border Litigation in Europe

Author: Paul Beaumont

Publisher: Bloomsbury Publishing

Published: 2017-11-16

Total Pages: 1076

ISBN-13: 1782256776

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This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.

The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law
The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law

Author: María Campo Comba

Publisher: Springer Nature

Published: 2020-12-07

Total Pages: 380

ISBN-13: 3030614816

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This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU’s objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU’s current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU’s current approach to private international law. This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.

Cross-Border Mergers
Cross-Border Mergers

Author: Thomas Papadopoulos

Publisher: Springer Nature

Published: 2019-09-28

Total Pages: 511

ISBN-13: 3030227537

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This edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-border transactions play a key role in business reality, economic theory and corporate, financial and capital markets law. Since the adoption of the Cross-border Mergers Directive, these mergers have been regulated by specific legal provisions in EU member states. This book analyzes various aspects of the directive, closely examining this harmonized area of EU company law and critically evaluating cross-border mergers as a method of corporate restructuring in order to gain insights into their fundamental mechanisms. It comprehensively discusses the practicalities of EU harmonization of cross-border mergers, linking it to corporate restructuring in general, while also taking the transposition of the directive into account. Exploring specific angles of the Cross-border Mergers Directive in the light of European and national company law, the book is divided into three sections: the first section focuses on EU and comparative aspects of the Cross-border Mergers Directive, while the second examines the interaction of the directive with other areas of law (capital markets law, competition law, employment law, tax law, civil procedure). Lastly, the third section describes the various member states’ experiences of implementing the Cross-border Mergers Directive.

Cross-Border Litigation in Europe
Cross-Border Litigation in Europe

Author: Paul Beaumont

Publisher: Bloomsbury Publishing

Published: 2017-11-16

Total Pages: 865

ISBN-13: 1782256784

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This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.

Cross-Border Transfers of Undertakings
Cross-Border Transfers of Undertakings

Author: Kirsten Henckel

Publisher: Kluwer Law International B.V.

Published: 2016-04-24

Total Pages: 360

ISBN-13: 9041192611

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Globalization and market integration have shaped the economic climate in such a way as to give rise to a considerable increase in cross-border mergers, acquisitions and corporate restructurings. However, the primary European Union (EU) legislation in this area – the Acquired Rights Directive – brings about only partial and minimum harmonization, giving rise to differences in the employee protective regime across the EU Member States. This book, the rst full analysis of the EU-level private international law implications of the subject, masterfully addresses the plethora of questions that arise and presents well-considered and soundly based recommendations towards the introduction of a new and uniform con ict of laws path for transfers of undertakings throughout the EU. With a methodology that combines comparative, ‘black letter’, legal historical and empirical approaches, the author addresses such issues and topics as the following: – determination of applicable law both upon and after a transfer; – jurisdictional issues; – the main provisions of the Acquired Rights Directive and their content; – the main differences existing among the relevant laws of the Member States; – special characteristics of the maritime sector and seagoing workers; and – cross-border implications of Brexit. This book critically evaluates the existing rules on international jurisdiction and the con ict of laws relating to cross-border transfers of undertakings, clearly exposing the regime’s merits and demerits. Counsel representing any actor involved in a cross-border merger, acquisition, or business restructuring – transferor, transferee, or affected employees – will be well served with this exemplary account of their legal position both before and after the transfer. In addition, policymakers, legislators and interested academics will bene t greatly from the author’s clearly presented guidelines on the development of an EU-wide con ict of laws regime for transfers of undertakings.

European Cross-Border Mergers and Reorganisations
European Cross-Border Mergers and Reorganisations

Author: Jérôme Vermeylen

Publisher: OUP Oxford

Published: 2012-03-29

Total Pages: 1587

ISBN-13: 0191630993

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The most comprehensive guide to all techniques available to European companies, European Cross-Border Mergers and Reorganisations is the ideal reference tool for lawyers, auditors, notaries and scholars working in the field. Providing everything a practitioner needs to co-ordinate a successful cross-border merger, the book analyses the EU Directives and how they have been applied in each of the main EU/EEA member states. The diverging rules for each jurisdiction are highlighted and explained enabling quick comparisons to be made between countries for assessing feasibility of the chosen technique. As well as the requirements, formalities and potential pitfalls of cross-border mergers, each country analysis addresses the relevant aspects of corporate, employment and tax law such as informing shareholders and employees, verification of the legality of the merger, and language requirements. The book also considers other cross-border reorganisation techniques, such as demergers, partial demergers, the transfer of branches of activity, the creation of a Societas Europaea, or a Societas Cooperativa Europea, and the cross-boarder transfer of a company's head office or registered office, providing a practical guide to the best possible solution for a practitioner's client. European Cross-Border Reorganisations: Law and Practice is an easy-to-use reference work for legal, tax and audit professionals involved in mergers.

Transnational Evidence and Multicultural Inquiries in Europe
Transnational Evidence and Multicultural Inquiries in Europe

Author: Stefano Ruggeri

Publisher: Springer Science & Business Media

Published: 2013-12-12

Total Pages: 231

ISBN-13: 3319025708

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This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.

Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe
Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe

Author: Ángeles Gutiérrez Zarza

Publisher: Springer

Published: 2016-08-23

Total Pages: 0

ISBN-13: 9783662512593

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In the past 10 years, the Member States of the European Union (EU) have intensified their exchange of information for the purposes of preventing and combating serious cross-border crime, as manifested in three main aspects. Firstly, there is a need to ensure the practical application of innovative principles (availability, mutual recognition) and concepts (Information Management Strategy, European Information Exchange Model) for tackling criminal organisations and networks that threaten the Internal Security of the EU. Secondly, there has been a gradual consolidation of EU agencies and bodies (Eurojust, Europol) aimed at promoting cooperation and dialogue among law enforcement officials and judicial authorities responsible for preventing and combating drug trafficking, trafficking in human beings, child pornography, and other serious trans-national offences. Thirdly, important EU information systems and databases (Prüm, SIS-II, ECRIS) have been created, enabling law enforcement and judicial authorities to gain access to essential information on criminal phenomena and organisations. Pursuing a practice-orientated approach, this work provides comprehensive coverage of all these measures, as well as the applicable rules governing data quality, data protection and data security. It is especially intended for law enforcement and judicial authorities who need to develop the appropriate expertise for the practical application of the above-mentioned principles. It also offers a solid basis of practical training material for police training centres and judicial schools.