European Union: Litigation, Mediation & Arbitration

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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
High Court Upholds Letters Rogatory Despite Non-disclosure At Ex Parte Stage
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.
Global Litigation
AC
Arthur Cox
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Article
Gorrissen Federspiel frifundet i kuratoransvarssag for Højesteret
A Danish Supreme Court case examines whether a bankruptcy trustee from Gorrissen Federspiel can be held liable for failing to pursue clawback claims against a financial clearingbroker involving over $64 million in financial security arrangements. The dispute centers on whether supplementary securities provided through P/E calls were protected under securities trading law and whether the clearingbroker actually gained any economic benefit that could be subject to bankruptcy clawback provisions.
Denmark Insolvency
B
Bech-Bruun
Article
Death At Work During Work At Height: Liability, Compensation And Protection For Families
Work at height remains one of the most dangerous occupations despite technological advances, with falls from scaffolding, cranes, and platforms continuing to cause fatal workplace accidents. Understanding the complex web of legal liability—from employers to equipment owners—and knowing the compensation rights available to surviving families becomes crucial when tragedy strikes on construction sites and elevated workspaces.
Italy Employment
BI
Boccadutri International Law Firm
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Article
French Court Of Cassation Limits Enforcement Against State-Linked Assets Where EU Stability Objectives Are At Stake
The French Court of Cassation has established a critical limitation on enforcing arbitral awards against State-linked entities when EU financial stability objectives are at stake. In a landmark ruling involving Greece's asset management vehicle HCAP, the Court held that while creditors may generally pursue assets of State emanations, this doctrine must yield when enforcement would undermine EU-mandated restructuring and stabilization programs. This decision fundamentally reshapes enforcement strategy for ar
France Litigation
Aceris Law
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Article
Political Parody Can Be A ‘due Cause’ Defense Against Trademark Dilution Claims
The Court of Justice of the European Union has issued a landmark ruling on whether political parties can use reputable trademarks for parody or campaigning purposes under EU trademark law. The case examines a Belgian political party's IKEA-themed immigration campaign and establishes new criteria for balancing trademark rights against freedom of expression. National courts must now weigh multiple factors including intent, contribution to public debate, and potential brand damage when assessing such uses.
Belgium IP
WT
Winston Taylor
Article
Fine Of €418,677 For Belarus Sanctions Breaches Upheld In Court
A Lithuanian court has overturned a substantial fine imposed on Dage Capital for alleged violations of EU sanctions against Belarus, involving luxury car sales and banking relationships. The case raises questions about enforcement boundaries and compliance obligations when dealing with sanctioned jurisdictions through third-party intermediaries. This decision could have implications for how companies structure transactions involving sanctioned territories.
Lithuania International
DM
Duane Morris LLP
Article
Cross-border Patent Litigation And The UPC’s Expanding Reach: Implications For Ireland
The Unified Patent Court's jurisdiction is extending beyond its contracting member states, creating new enforcement possibilities and risks for businesses across Europe. Recent landmark decisions are establishing when the UPC can hear cases involving non-member territories like Ireland and the UK, with significant implications for patent holders, defendants, and even EU authorized representatives who may find themselves unexpectedly drawn into pan-European patent disputes.
European Union IP
M
Matheson
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