Why are German Wills often successfully challenged and voided? As in most jurisdictions, a German Last Will can be challenged if the testator, at the time of making the Will, (i) lacked mental capacity (in German: if he or she was “testierunfähig”); or (ii) was under undue influence, e.g. pressured or threatened (“bedroht”); or (iii)…
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In its judgment of 16 February 2021 in Hanan v Germany, [1] the Grand Chamber of the European Court of Human Rights (‘the ECtHR’) confirmed that the European Convention on Human Rights (‘the ECHR’) applies extraterritorially to the conduct of armed forces deployed abroad by Contracting States. The case thus presents important findings on the question…
Brazilian firm Mattos Filho reports that, on August 23, 2024, the Brazilian Data Protection Authority (“ANPD”) published Resolution No. 19/2024, approving the Regulations on International Data Transfers (“Regulations”) and the content of standard contractual clauses in accordance with the Brazilian Data Protection Law (Law No. 13,709/2018 – “LGPD”). The Regulations are the result of a…
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In two blog posts (here, here) I have commented on the recognition of professional qualifications between the EU and UK post-Brexit. Yet to be described and reflected upon, however, is the more general scheme of legal regulation of the recognition of professional qualifications which applies to third-country nationals coming to the EU, be they regular,…
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On March 11, 2024, an ICSID arbitral tribunal (Juan Fernández-Armesto (President), Wendy Miles, Alexis Mourre), rendered an award in Encavis AG and Others v. Italy. The controversy follows some other 14 disputes initiated by EU investors against the Italian State under the Energy Charter Treaty (“ECT”) (some of these discussed here) and falls into the…
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On 12 April 2024, the Council adopted two key directives enhancing sanctions enforcement and implementation across the EU. The first directive on sanctions violations criminalisation (Directive (EU) 2018/1673) establishes an EU-wide definition of sanctions violation as a crime, setting minimum administrative and criminal penalties, while the second directive on asset recovery and confiscation lays down…
Overall, secession within the EU, triggers the repositioning of the relevant subject of EU law within the European constitutional landscape. This is why there has always been a question about how the EU may treat such constitutional events. For instance, Weiler has famously suggested that the EU should not and/or would not admit independent States…
Nicholls & Anor v Mapfre Espana Compania De Seguros Y Reaseguros SA [2024] EWCA Civ 718 is the unsuccessful appeal against Sedgwick v Mapfre Espana Compania De Seguros Y Reaseguros Sa [2022] EWHC 2704 (KB) which I discuss here and against Nicholls v Mapfre and Sonia Woodward v Mapfre [2023] EWHC 1031 (KB) which I discuss…
Summaries of judgments made in collaboration with the Portuguese judge and référendaire of the CJEU (Nuno Piçarra and Sophie Perez) ▪ Judgment of the Court (Grand Chamber) of 21 March 2024, Landeshauptstadt Wiesbaden, Case C-61/22, EU:C:2024:251 Reference for a preliminary ruling – Regulation (EU) 2019/1157 – Strengthening the security of identity cards of EU citizens…
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On 17 January 2025, Esra Demir-Gürsel (Hertie School), Corina Heri (University of Zürich) and Jens Theilen (Helmut Schmidt University) are organizing a workshop on Critical Approaches to European Human Rights Law, and a Call for Papers for the workshop has just been launched. The aim of the workshop is to critically reflect on the ECHR and…
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