Geert Van Calster
Geert is a practising lawyer and full professor at KU Leuven, and a visiting prof i.a. at Monash University, Melbourne. Mostly law. Just law. Blogs at www.gavclaw.com
- Opinion Rantos AG Case C-232/25 [Idziski] A7(2) Brussels Ia: jurisdiction for courts of MS of broadcast of TV series with allegedly libelous content Builds on Bolagsupplysningen etc: determination of COMI and so on infocuria.curia.europa.eu/tabs/documen...
- Internal market law, free movement of goods, 'Trade ands' "Safeguard clauses" in secondary law CJEU OKs EU GMO regime with wide remit for ban on GMO cultivation in MSs Sidebar on whether case was engineered and inadmissible C‑364/24 C‑393/24 Fidenato v Italy infocuria.curia.europa.eu/tabs/documen...
- Contractual confusion, prima facie contradicting /unclear and limping (A)DR clauses Whether priority went to later arbitration agreement, reading EN jurisdiction clause as giving supervisory jurisdiction over NY arbitration Tyson v GIC [2026] EWCA Civ 40 bailii.org/ew/cases/EWC...
- Applicable law in arbitration Dicey Rule 193: lex incorporationis capacity to represent s145 Arbitration Act question of law Sprinkling of English ordre public applies, too. India v CC Devas (Mauritius) Ltd (In Administration) & Ors [2026] EWHC 156 (Comm) www.bailii.org/ew/cases/EWH...
- Sanctions-Related Litigation in Russian Courts: The Euroclear Cases and Private international law. Guest blog by Dr Mykola Lazarenko gavclaw.com/2026/01/30/s...
- Court of Appeal on UK-EU Withdrawal Agreement Extent to which EU law continues to apply to deportation of EU citisens A20, 21 WA Whether UK authorities need to apply EU proportionality principle Molnar v [HMG] [2026] EWCA Civ 31 www.bailii.org/ew/cases/EWC... paging @stevepeers.bsky.social
- Of much note Re Adani Mining at Carmichael Coal Mine affecting springs of indigenous significance Action for failure to act Ia whether decision not to exercise power, itself confers, alters or affects rights or obligations [DESI] v [Nagana] [2026] QCA 7 lnkd.in/e3SceA7f
- Classic(ish) conflicts brain fog Dutch first instance judge holds Brussels Ia does not apply to enforcement of low emission zones LEZ fine ('administrative' matter) yet decides applicable law on basis of Rome II First instance Overijssel Stad Antwerpen v X deeplink.rechtspraak.nl/uitspraak?id...
- Cartels, competition law, jurisdiction AG Ibili at Dutch SC suggests the Court confirm jurisdiction v (ia) UK co-defendants class action re Libor fixing Anchor defendant mechanism in A8(1) BIa: claim was filed pre-Brexit ICAP Europe v Stichting Elco deeplink.rechtspraak.nl/uitspraak?id...
- Good Financial Times summaryof yesterday’s Dutch court Bonair climate duty of care ruling. giftarticle.ft.com/giftarticle/... English copy of judgment here deeplink.rechtspraak.nl/uitspraak?id...
- The judgment setting out the reasons to refuse permission to BHP to appeal judgment in Municipio (for background see gavclaw.com/2025/12/23/m...) Município De Mariana v BHP Group (UK) Ltd & Anor [2026] EWHC 73 (TCC) www.bailii.org/ew/cases/EWH...
- A bit of colonial history viz migration, nationality laws Child born in the UK of Northern Rodesian, later Zambia parents Whether Uk citisenship was lost upon Zambian independence Sinkala v [HMG] [2026] EWHC 59 (KB) www.bailii.org/ew/cases/EWH...
- Successful 'modern' (why do we call it modern slavery nb; what is modern about it?) slavery claim against London-based UAE diplomat Claim was undefended COL v The United Arab Emirates [2026] EWHC 86 (KB) www.bailii.org/ew/cases/EWH...
- Kompetenz Kompetenz Whether arbitral tribunal has jurisdiction over dispute re noncontractual tortious claims governed by foreign laws in courts of that state, by assigned /subrogated party Derived obligations doctrine MS V1 GmbH v SY [2026] EWHC 52 (Comm) www.bailii.org/ew/cases/EWH...
- Costs law claxon Appeal dismissed: judge was right to stay application for third party costs order until after conclusion of proceedings for the detailed assessment of Nigeria's (very high) costs Nigeria v VR Global Partners [2026] EWCA Civ 25 www.bailii.org/ew/cases/EWC...
- Rare now: 'acquired' EU law Directive 77/187 Transfer of undertakings, rights of employees, Definition of 'economic activity', whether CJEU reasoning in competition cases should be read across to cases about employees Bicknell v [NHS][2026] EWCA Civ 21 www.bailii.org/ew/cases/EWC...
- Blogged. Limbu v Dyson – continued. The High Court emphasises relevance of early disclosure to guarantee proper access to justice, equality of arms in bizhuman rights cases. gavclaw.com/2026/01/26/l...
- Important judgment on UK-EU TCA No direct effect CJEU holds TCA does not offer cause of action for individuals seeking to rely on its in national courts Post transition P&O cannot rely on free movement of services in EU courts C‑413/24 Vlaams Gewest v P&O www.linkedin.com/feed/update/...
- Mine and @grahambutler.bsky.social comments on the CJEU's (continued) rebuke of Hungarian attempts to insulate its construction sector (EU Internal Market law claxon /C-144/24). Judgment and context impeccably summarised by Eunseo Hong, as per courthousenews.com/eu-judges-de...
- Interesting Court of Appeal decision Whether "dispute" is necessary for matter to fall within A6 ECHR (& qualify for legal aid) Context: compensation under 'Windrush Compensation Scheme' Oji, R (OaO v The Director of Legal Aid Casework [2026] EWCA Civ 11 www.bailii.org/ew/cases/EWC...
- Currently playing. My take on the world’s affairs.
- Court of Appeal confirms that E&W courts have power under s.42 Arbitration Act 1996 to make an order enforcing a peremptory order of an arbitration tribunal granting anti-suit relief LLC Eurochem North-West-2 v Tecnimont SPA & Anor [2026] EWCA Civ 5 www.bailii.org/ew/cases/EWC...
- Blogged. The CJEU in Wunner on Rome I’s lex societas carve-out and determination of locus damni for purely economic loss. (Malta Bill 55, gambling laws claxon). A boon for claim formulation. gavclaw.com/2026/01/16/t...
- Reposted by Geert Van Calster[Not loaded yet]
- Maltese gambling companies and EU law Judgment is out in Wunner infocuria.curia.europa.eu/tabs/affair?... Determination under Rome II of the applicable law in claims by disgruntled punters against Maltese betting companies Shall have a post soon, background here gavclaw.com/2025/06/19/e...
- International Investment Agreements, ratione temporis, ratione materiae. Noteworthy French SC judgment. www.linkedin.com/posts/ioana-...
- As news reaches us on the settlement in the Zubaydah claim theguardian.com/us-news/2026..., a reminder that the applicable law issue went all the way to the Supreme Court For detailed conflict of laws analysis, see gavclaw.com/2023/12/20/z...
- Foul storm out there. Good weather for marking.
- Gotta love winter.
- A Blessed white Christmas to Christians celebrating today!
- Successful s67 jurisdiction challenge to LCIA arbitration award With (unsuccessful) conflict of laws aside an authority (not: capacity) to mandate counsel A1 & Ors v P [2025] EWHC 3372 (Comm) www.bailii.org/ew/cases/EWH...
- It has been a great Christmas break. Back to work in college now…..
- Fair to say winter has now truly arrived. Have a lovely weekend all.
- Good morning and Guten Rutsch!
- Municipio de Mariana v BHP. An add-on re municipalities’ capacity to sue gavclaw.com/2025/12/23/m...
- Beginning to…..
- My keynote at BIICL earlier this week gavclaw.com/2025/12/19/m...
- Opinion Richard de la Tour yday Jurisdiction in claims re protection of minority shareholders outvoted at delisting of the company Whether and when caught by A7(1) Brussels I a forum contractus, or A24 exclusive jurisdictional rules C‑791/24 TERVE v Intesa Sanpaolo curia.europa.eu/juris/docume...
- Court of Justice yesterday gave priority to the effectiveness of EU consumer law, over the principle of res judicata /certainty in legal proceedings. C‑320/24 Soledil curia.europa.eu/juris/docume...
- Blogged. Locatrans. The CJEU overpromotes the escape clause for employment contracts under Rome Convention /Rome I Regulation. gavclaw.com/2025/12/17/l...
- Unsuccessful appeal to finding party had contractually given up right to enforce liabilities in the French courts Rare to see CA having to redo exercise of contractual interpretation LJs keep it short UNIK Bond v Catbalogan Holdings [2025] EWCA Civ 1594 www.bailii.org/ew/cases/EWC...
- Unsuccessful Hague A13 a, b appeal viz return order to Romania Judge had dealt with ia recognition in Romania of protective measures & undertakings ordered by EN judge & impact of negotiations supervised by elders in the Roma community [2025] EWCA Civ 1603 www.bailii.org/ew/cases/EWC...
- Slides for conflict of laws 101 updated….. giftarticle.ft.com/giftarticle/... Donald Trump files $10bn lawsuit against the BBC via @kjgarnett.bsky.social
- Fun with conflict of laws (also: why the hate of Belgium?). giftarticle.ft.com/giftarticle/... Bitcoin investor plans Caribbean community — with its own court system
- Applicable law, cross-border employment Rome Convention CJEU C‑485/24 Locatrans curia.europa.eu/juris/docume... Court does not seem to follow AG gavclaw.com/2025/09/09/l... CJEU zooms in difficulties of lex voluntatis, focuses on place of business through which employee was engaged More soonish
- Applicable law, cross-border employment Rome Convention CJEU C‑485/24 Locatrans curia.europa.eu/juris/docume... does not seem to follow AG gavclaw.com/2025/09/09/l... CJEU zooms in difficulties of lex voluntatis, focuses on place of business through which employee was engaged More soonish
- Blogged. Liechtensteinische Landesbank. The CJEU rules out application of Rome I's consumer title to contracts where the relevant conditions are met after contract formation. gavclaw.com/2025/12/09/l...
- Failed application for anti-suit injunction in the context of the Fudao dam /Municipio proceedings BHP Group (UK) Ltd & Anor v PGMBM Law Ltd (t/a Pogust Goodhead) [2025] EWHC 3153 (TCC) www.bailii.org/ew/cases/EWH...
