Public Policy and Good Morals

2021 ◽  
pp. 336-391
Author(s):  
Martijn W. Hesselink
Keyword(s):  
Public Policy ◽  
European Union ◽  
Contract Law ◽  
Internal Market ◽  
The European Union ◽  
Legal Recognition ◽  
Freedom Of Contract ◽  
Recognition And Enforcement ◽  
Moral Limits

This chapter addresses the question of whether a society committed in principle to the legal recognition and enforcement of contracts is free, nevertheless—or even required—to withhold recognition and enforceability from certain contracts, by declaring them ‘null’ or ‘void’ under contract law doctrines such as ‘good morals’ or ‘public policy’, because of their unacceptable content, purpose, or consequences. This is the classical question of freedom of contract, which can be rephrased, to a large extent, in contemporary terms of ‘commodification’ and, for the European Union, as the question of the moral limits to the internal market.

scholarly journals Problems of Recognition of Foreign Judgments and res judicata in European Union

2021 ◽  
Vol 2 (20) ◽  
pp. 75-83
Author(s):  
Mykolas Kirkutis ◽  
Vigintas Višinskis
Keyword(s):  
Public Policy ◽  
European Union ◽  
Public Order ◽  
Eu Law ◽  
The European Union ◽  
The Public ◽  
Res Judicata ◽  
Recognition And Enforcement ◽  
The Eu

The article examines the problematic aspects of recognition and enforcement of foreign judgments in the European Union in relation to the application of the public policy clause. Analysis of the content of public order also constitutes part of the article. It focuses on the EU law instruments which provide unequal conditions for non-recognition of foreign judgments. The authors discuss if inclusion in the CJEU of the limits on the interpretation of the public order clause is a sufficient guarantee to ensure proper application of the public order clause. Moreover, the authors analyse the principle of res judicata according the EU law.

Dochodzenie roszczeń ze sprzedaży towarów w obrocie międzynarodowym na obszarze UE. Zagadnienie jurysdykcji

2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek
Keyword(s):  
European Union ◽  
European Parliament ◽  
The European Union ◽  
Community Law ◽  
Judicial Decisions ◽  
Cross Border ◽  
National Jurisdiction ◽  
Recognition And Enforcement ◽  
The Way

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.

European Union Litigation

2020 ◽  
Vol 16 (1) ◽  
pp. 212-232
Author(s):  
Fabrizio Esposito ◽  
Philipp Hacker
Keyword(s):  
European Union ◽  
Contract Law ◽  
The European Union ◽  
Present Issue ◽  
Court Of Justice

AbstractThis article provides an overview of cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of July 2019 and the end of December 2019.

Supreme Site Services v. Shape (C.J.E.U.)

2021 ◽  
pp. 1-16
Author(s):  
Salim S. Sleiman
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Preliminary Ruling ◽  
The European Union ◽  
Eu Regulation ◽  
Court Of Justice ◽  
Recognition And Enforcement ◽  
Dutch Supreme ◽  
Brussels Regulation

On September 3, 2020, following a request from the Dutch Supreme Court, the First Chamber of the Court of Justice of the European Union (CJEU) rendered its preliminary ruling in Supreme Site Services and Others v. SHAPE on the interpretation of Articles 1(1) and 24(5) of the European Union (EU) Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Recast Brussels Regulation).

The Governance of the European Union: A New Institutionalist Approach

1993 ◽  
Vol 13 (4) ◽  
pp. 351-380 ◽  
Author(s):  
Simon J. Bulmer
Keyword(s):  
Public Policy ◽  
European Union ◽  
International Relations ◽  
European Integration ◽  
European Community ◽  
Historical Institutionalism ◽  
System Level ◽  
The European Union ◽  
Comparative Public Policy ◽  
Policy Perspective

ABSTRACTThe analysis of European integration has tended to use a toolkit drawn from international relations. But since the revival of integration in the mid-1980s, the governance of the European Community and European Union has increasingly come to resemble that of a multi-tiered state. Accordingly, this article analyzes the governance of the European Union from a comparative public policy perspective. Using new or historical institutionalism, three levels are considered. In the first part, attention is focused on the EU's institutions and the available instruments of governance. The second part examines the analysis of governance at the policy-specific or sub-system level, and puts forward an approach based on governance regimes. The final part considers the institutional roots of the persistent, regulatory character of governance in the European Union.

ANTI-SUIT INJUNCTIONS IN ARBITRAL AWARDS: ENFORCEMENT IN EUROPE

2015 ◽  
Vol 74 (3) ◽  
pp. 412-415
Author(s):  
Ewelina Kajkowska
Keyword(s):  
European Union ◽  
Member State ◽  
State Courts ◽  
The European Union ◽  
Court Of Justice ◽  
The Status ◽  
Recognition And Enforcement ◽  
The Relationship ◽  
Brussels Regulation

THE status of anti-suit injunctions in Europe has long given rise to controversy. The decision of the Court of Justice of the European Union in Case C-536/13, Gazprom OAO [2015] All E.R. (EC) 711 sheds a new light on the relationship between anti-suit injunctions and the European jurisdiction regime embodied in the Brussels Regulation (Regulation No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). In this much anticipated judgment, the Court of Justice confirmed that, by virtue of the arbitration exclusion in Article 1(2)(d) of the Brussels Regulation, Member State courts are not precluded from enforcing anti-suit injunctions issued by arbitration tribunals and aimed at restraining the proceedings before Member State courts. Although the decision was given before the Recast Brussels Regulation came into force (Regulation No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, effective from 10 January 2015), it can be assumed that the same conclusion would have been reached under the new law.

scholarly journals Protection of fundamental rights in the private law of the European Union

2020 ◽  
Vol 2 (2) ◽  
pp. 117-153
Author(s):  
Tatjana Josipović
Keyword(s):  
European Union ◽  
Member State ◽  
Fundamental Rights ◽  
Private Law ◽  
Eu Law ◽  
The European Union ◽  
Freedom Of Contract ◽  
Optimal Balance ◽  
Private Autonomy

The paper considers and comments on the instruments of protection of the fundamental rights of the Union in private law relationships that are in the scope of applicable EU law. Special attention is paid to the influence of fundamental rights of the Union on private autonomy and the freedom of contract in private law relationships depending on whether fundamental rights are protected by national law harmonized with EU law, or by horizontal effects of the Charter of general principles. The goal of the paper is to determine the method in private law relationships that can attain the optimal balance between the protection of fundamental rights of the Union and the principle of private autonomy and the freedom of contract regulated by national law of a member state. The author favors the protection of fundamental rights in private law relationships by applying adequate measures that create indirect horizontal effects of the provisions of EU law on fundamental rights. These concern national measures that can also secure adequate protection of fundamental rights via interpretation and application of national law in line with EU law in private law relationships.

My Click is My Bond

Gamification ◽  
2015 ◽  
pp. 1734-1750
Author(s):  
Jonathan Bishop
Keyword(s):  
European Union ◽  
Internet Use ◽  
Service Providers ◽  
Computer Mediated Communication ◽  
Contract Law ◽  
The European Union ◽  
Mediated Communication ◽  
The People ◽  
Computer Mediated

The growth in Internet use is not only placing pressure on service providers to maintain adequate bandwidth but also the people who run the Websites that operate through them. Called systems operators, or sysops, these people face a number of different obligations arising out of the use of their computer-mediated communication platforms. Most notable are contracts, which nearly all Websites have, and in the case of e-commerce sites in the European Union, there are contractual terms they must have. This chapter sets out to investigate how the role contract law can both help and hinder sysops and their users. Sysop powers are limited by sysop prerogative, which is everything they can do which has not been taken away by statute or given away by contract. The chapter finds that there are a number of special considerations for sysops in how they use contracts in order that they are not open to obligations through disabled or vulnerable users being abused by others.

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