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Private international Law

28 January 2021 | Pauline Kubat

Online gambling: An experienced poker player remains a “consumer” according to the CJEU

Does a player who is a little too experienced and victorious for an online poker site – this player having won 227,000 euros in less than a month and a half – retain the status of non-professional “consumer” within the meaning of Regulation (EC) No 44/2001 of December 22, 2000 (known as the Brussels I Regulation)?

In a judgment issued on December 10, 2020, the Court of Justice of the European Union answered yes to this question.

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30 October 2020 | Pauline Kubat

Recognition and enforcement of a US decision in France: The defendant’s disinterest in the American proceedings can be costly

In a decision dated September 16, 2020, the Cour de Cassation (French Supreme Court) ruled on the conformity of California law with French international procedural public policy. By the combined application of several California procedural rules, a French defendant had been deprived of a remedy. The Cour de Cassation, asked to rule in the context of the procedure for the recognition and enforcements of the American judgment, nevertheless considered that there was no violation of French international public policy.

Analysis of a decision with surprising implications.

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29 May 2020 | Marion Fleuret

International child abduction

Removing a child abroad without the permission of the other parent or in the absence of a court order can be a decision with far-reaching consequences. However, such situations are becoming increasingly frequent.

A parent may not deprive a child of his/her family environment and consequently of the presence of the other parent with impunity.

International cooperation has been organized through the adoption of bilateral or multilateral conventions to provide an efficient response to parents whose child has been abducted or retained.

The ultimate question that arises in every situation is as follows: what is in the child’s best interests?

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30 October 2019 | Anaëlle Idjeri

Adoption of the Hague Convention on the recognition and enforcement of foreign judgments: Towards a facilitated movement of judgments in a post-Brexit era?

On July 2, 2019, the Hague Conference on Private International Law announced the adoption of a new convention on the recognition and enforcement of foreign judgments in civil or commercial matters. This convention, considered as far back as 1992 with the first works on jurisdiction and movement of judgments, aims at being “a true gamechanger […]

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27 June 2019 | Pauline Kubat

Applicable requirements for the service of judicial documents within the European Union wherever the defendant does not appear at court

Bringing a legal action against a person domiciled in another Member State of the European Union requires compliance with a whole series of European and national provisions relating to the international service of judicial documents. In a decision handed down on April 11, 2019[1], the Cour de Cassation(French Supreme Court) specified the requirements for the international […]

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30 April 2019 | Soulier Avocats

Transposition of Directive UE 2017/828 as regards the encouragement of long-term shareholder engagement in listed companies

On May 17, 2017, Directive 2017/828 of the European Parliament and of the Council amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement in listed companies was adopted.
This revision of Directive 2007/36/EC aims to change practices brought about by the 2008 financial crisis, which, by promoting short-term yields, lead to sub-optimal corporate governance and performance.

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