European Union: Trials & Appeals & Compensation

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
LD The Hague, May 19, 2026, Order On Preliminary Objection, UPC_CFI-2228/2025, UPC_CFI-1546/2026
The application of the Brussels I Regulation’s (BR) rules to defendants who are not domiciled in a Member State of the UPCA is limited to situations where this is appropriate, regardless of domicile (cf. 71b(2) BR). A prerequisite for accepting jurisdiction is that there must be a connection to the addressed court, which follows from Recitals 13-15 of the BR.
Germany IP
BP
Bardehle Pagenberg
Article
CoA, May 19, 2026, Order On Request For A Discretionary Review, UPC-CoA-67/2026
When deciding whether to allow a discretionary review, the Court of Appeal must consider whether the impugned order of the Court of First Instance is manifestly erroneous and whether the impugned order raises a fundamental question of law and its review is necessary to ensure a consistent application and interpretation of the Rules of Procedure or any other objective of the discretionary review (CoA, UPC_CoA_489/2024, order of 6 September 2024, Motorola v. Ericsson, para. 4; UPC_CoA_805/2025, order of 1 September 2025, Centripetal v. Keysight, paras. 8 and 11)
Germany IP
BP
Bardehle Pagenberg
Article
International Arbitration: French Court Of Cassation Clarifies Its Approach To Dual Nationals In ISDS Through Two Significant Decisions On Treaty Interpretation
The French Court of Cassation has issued two landmark decisions addressing whether dual nationals can bring investment treaty arbitration claims against a state of which they hold nationality. These May 2026 rulings establish critical precedents for treaty interpretation under the Vienna Convention, particularly regarding the role of subsequent diplomatic agreements and the primacy of treaty text over general international law principles.
France Litigation
AG
Akin Gump Strauss Hauer & Feld LLP
Article
Austrian Supreme Court Gives AI-generated Appeal Short Shrift
The Austrian Supreme Court has delivered an extraordinary rebuke to the first AI-generated appeal to reach its chambers, finding it so corrupted by hallucinations and fabricated citations that it failed to meet basic standards of legal argumentation. The court's response signals a clear warning about uncritical reliance on artificial intelligence in legal practice and hints at potential disciplinary consequences for attorneys who submit such flawed work.
Austria Technology
KH
KNOETZL HAUGENEDER NETAL Rechtsanwaelte GmbH
Article
AG Opinion: Key Clarification On AA And AA Screening
The European Court of Justice's Advocate General has issued an opinion addressing whether valid conservation objectives for special protection areas are required before conducting appropriate assessments under the Habitats Directive. This interpretation could significantly impact development consent procedures across the EU, particularly for large-scale projects where site-specific conservation objectives have not yet been formally established.
Ireland Litigation
WF
William Fry
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