most interesting rulings

BITs between member states breach EU law

The Court of Justice has rejected the advocate general’s opinion and ruled in the Achmea case that investment arbitration, the option provided for in treaties between member states for foreign investors to commence arbitration against a state where it has invested, violates the autonomy of EU law.

Courts get closer to plaintiffs

A ‘competent court’ now also includes the court at the place where the adverse effects of a tortious act occur. This approach will help victims seeking to recover damages.

Jurisdiction in cases involving international construction contracts under the recast Brussels I Regulation

In disputes involving cross-border construction contracts, one of the questions to be resolved is jurisdiction. Before joining issue in litigation in Poland, the defendant may assert the defence of the lack of jurisdiction of the Polish courts. Jurisdiction in such cases will be determined by applying the recast Brussels I Regulation. The Wrocław Regional Court recently issued a ruling on application of this regulation in civil litigation involving construction works.

Damages for online copyright infringement

It is hard to assess the scale of copyright infringement when it occurs on the internet. Proving the amount of the injury is one of the challenges facing the copyright holder. Lump-sum damages can help. This issue was recently addressed by the Warsaw Court of Appeal—a good occasion to cover a few ground rules for how to proceed in cases of this type.

Repair clause in disputes over replacement parts

The new ruling by the Court of Justice on the “repair clause” gives more freedom to manufacturers of non-original replacement parts.

Prohibition of online sales of luxury products?

Can an authorized retailer be prohibited from selling online or on a third-party online platform?