European Union: Litigation, Mediation & Arbitration

Mandatory fee payment under R. 333.3 is a condition precedent for lodging an application for panel review under R. 333.2 RoP (mn. 22)

Foreseeable professional commitments and school holidays do not amount to “exceptional circumstances” under R. 9.3(a) RoP

A stay of appeal proceedings pending a decision on invalidity under R. 118.2(b) and R. 242.2(a) RoP requires that the nullity action be pending between the same parties. A nullity action brought by a third party does not meet this precondition, even invoking R. 295(m) RoP.

The Irish High Court has clarified the standards for material non-disclosure in ex parte Letters Rogatory applications, examining when procedural omissions warrant setting aside judicial assistance orders. This decision explores the balance between full disclosure obligations and the court's discretion to maintain orders where non-disclosure was inadvertent and no prejudice resulted.

The High Court examined whether an order giving effect to Letters Rogatory should be set aside due to alleged material non-disclosure and claims of oppression. The case arose from a dispute over the sale of the World Marathon Challenge event, involving intellectual property rights and parallel proceedings in multiple jurisdictions.

The High Court has granted a Norwich Pharmacal order, directing RTÉ (Ireland’s national public broadcaster) to disclose unedited footage captured as part of an undercover investigation into alleged failures of care at two Irish nursing homes.

With effect from 1 October 2026, specific Family Court Proceedings Regulations, enacted by virtue of Regulation 216 of 2026, have come into effect, hence replacing the previous procedural regime. The aim of the new Regulations is to establish a more structured framework for family proceedings. The main novelties are, emphasis on early disclosure of financials and proposals, imposition of mediation timelines, structured representation of children, and multi-disciplinary support for the parties, minors and third parties involved in the process.

In Part 1 of this series, we examined the broader objectives underpinning the Family Court Proceedings Regulations, including the enhanced role of mediators, the introduction of Support Persons, and the strengthened safeguards aimed at protecting the best interests of children and supporting families throughout judicial proceedings.

El Tribunal Supremo establece que las diligencias preliminares constituyen el cauce procesal exclusivo para solicitar documentación bancaria cuando el objetivo es preparar un juicio posterior.

El Tribunal Supremo establece que las diligencias preliminares constituyen el cauce procesal exclusivo para solicitar documentación bancaria cuando el objetivo es preparar un juicio posterior.

Belgium's new Book 7 of the Civil Code preserves the existing hotel operator liability regime unchanged due to international treaty obligations under the 1962 Paris Convention. The restructured provisions maintain liability caps, mandatory safekeeping duties, and unlimited liability exceptions that have governed the hospitality sector since 1970.

Belgium's House of Representatives has definitively approved Book 7 of the Civil Code, introducing significant reforms to construction contract legislation that will enter into force in September 2027. The final legislation includes several important refinements to the February 2025 proposal, including changes to pre-existing circumstances tests, conformity defect notification rules, and limitation periods. Businesses concluding construction contracts must carefully review and revise their existing contract