From Transnational Principles to European Model Rules of Civil Procedure (European Law Institute/UNIDROIT) - Rules on Collective Redress -

2019 ◽  
Vol 23 (3) ◽  
pp. 129-165 ◽  
Author(s):  
Astrid STADLER
Keyword(s):  
Civil Procedure ◽  
European Law ◽  
European Model ◽  
Collective Redress

scholarly journals Gascón Inchausti, F., Hess, B. (eds.), The Future of the European Law of Civil Procedure. Cordination or Harmonisation?

2020 ◽  
Vol 12 (2) ◽  
pp. 1505
Author(s):  
Guillermo Schumann Barragán
Keyword(s):  
Civil Procedure ◽  
European Law ◽  
The Future

Este artículo reseña: Gascón Inchausti, F., Hess, B. (eds.), The Future of the European Law of Civil Procedure. Cordination or Harmonisation?, Intersentia, Cambridge, 2020, 290 pp.

Part II The Member State Reports on Transposition of the Directive, 8 Hungary

2018 ◽  
Author(s):  
Nagy Csongor István
Keyword(s):  
Member State ◽  
Civil Law ◽  
Civil Procedure ◽  
Judicial System ◽  
Parent Company ◽  
Private Enforcement ◽  
Binding Force ◽  
Collective Redress ◽  
Right Of Return ◽  
System P

This chapter examines the transposition of the Antitrust Damages Directive in Hungary. It begins with an overview of the transposition procedure, focusing on the Hungarian private enforcement landscape and the transposition process. In particular, it considers how the provisions implementing the Directive were built into the Hungarian Competition Act (HCA), creating a special regime that departs in certain aspects from the general principles of Hungarian civil law and civil procedure (e.g., access rules, calculation of damages). The chapter goes on to discuss the scope of the Hungarian implementing provisions as well as specific issues that arose during the transposition, including those relating to time-barring deadlines, binding force of decisions of other Member States, parent company liability, presumption and quantification of damages by cartels or other antitrust infringements, distribution of liability between co-infringers and right of return between co-infringers, access rules, collective redress, and organization of the judicial system.

scholarly journals Klauzula porządku publicznego a uznawanie zagranicznych orzeczeń, których przedmiotem jest uznanie wyroku lub stwierdzenie jego wykonalności

2019 ◽  
Vol 24 ◽  
pp. 21-46
Author(s):  
Maciej Zachariasiewicz
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
Civil Procedure ◽  
Comparative Approach ◽  
European Law ◽  
The Public ◽  
Eu Legislation ◽  
Recognition And Enforcement ◽  
The Subject ◽  
Domestic Law

The paper is devoted to the admissibility of recognition and enforcement of a judgment of a foreign court, the subject matter of which is recognition or declaration of enforcement of a judgment from yet another state (judgment on judgment). The issue is discussed in particular with reference to the public policy exception which constitutes a ground for refusal of recognition or enforcement of foreign judgments, both under Polish domestic law (the Code of civil procedure) and European law (Brussels I bis Regulation). It remains controversial whether the judgments on judgments should be recognized, thus benefiting from the so called “parallel entitlement”. The article takes a comparative approach, examining solutions adopted by various legal systems and analysing arguments for and against recognition of such decisions. The author takes the position that they should not be recognized (and that their enforceability should not be declared) in Poland, both under the Code of civil procedure (as with respect to judgments originating from non-EU states), as well as under EU legislation, in particular Brussels I bis Regulation. It is advocated that the concept of a “parallel entitlement” should be rejected.

scholarly journals Towards Harmonised European Rules of Civil Procedure: Obligations of the Judge, the Parties and their Lawyers

2020 ◽  
Vol 3 (1) ◽  
pp. 6-33
Author(s):  
Cornelius Hendrik Remco van Rhee
Keyword(s):  
Best Practices ◽  
Dispute Resolution ◽  
Working Group ◽  
Civil Procedure ◽  
Civil Litigation ◽  
European Law

This article explains in detail the rules on the obligations of the judge, the parties and their lawyers in civil litigation, prepared by a working group that was established within the context of a project on European Rules of Civil Procedure of the European Law Institute and UNIDROIT. These rules are grouped into several parts devoted to the overriding objective of the proposed rules, management and planning of the proceedings, the determination of facts, findings of law, and consensual dispute resolution. The suggested rules reflect best practices in European civil procedure.

scholarly journals New trends of the civil justice in Hungary

2019 ◽  
Vol 3 (1) ◽  
pp. 122-130
Author(s):  
Viktória Harsági
Keyword(s):  
Practical Experience ◽  
Civil Procedure ◽  
Civil Justice ◽  
Collective Redress

The article provides an overview on the most important innovations of the new Hungarian Code of Civil Procedure. It presents a renewed system of allocation of cases, the split structure of the procedural phases, the modifications in connection of the representation, the new regulation on the illegaly obtained evidence, the solutions for incapacity to prove, the remedies and collective redress. Finally, the manuscript goes on with the question of electronization and try to evaluate the modest practical experience of these innovations so far.

ELI – Unidroit Model European Rules of Civil Procedure

2021 ◽  
Keyword(s):  
Legal System ◽  
Civil Procedure ◽  
International Institute ◽  
Private Law ◽  
European Law ◽  
Legal Systems ◽  
Common Thread ◽  
Cooperative Project

This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (UNIDROIT), dealing with civil procedure law. The long-term project began in February of 2014 and ended in February of 2020, concluding in an ELI-UNIDROIT Instrument. The volume consists of the ELI-UNIDROIT Instrument on the European Rules of Civil Procedure, which features Rules and accompanying comments. It explores the diverse traditions in Europe concerning civil procedure law and aims to find a common thread in them. Therefore, it not only considers the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of all legal systems.

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