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Governor's Order
rolltide418 posted a topic in Girls BasketballWhat impact will the governor's order have on the start of basketball season? With the start of soccer (girls) being delayed, will the start of basketball be delayed of will it carry on with players missing like the boys with football players missing for the playoffs?
Job Openings
rolltide418 replied to WestTNroundball's topic in Girls BasketballAny updates on who the new coach will be at East Nashville and Where Coach Donaldson may end up as she has been very successful at East?
Lipscomb Academy
rolltide418 replied to Tiger1214's topic in Girls BasketballWhat happened to Coach Roller?
2020 Class AA Sectionals Discussion Thread
rolltide418 replied to SWVAHavokFan's topic in Girls BasketballThe Upperman vs Meigs game was exciting. I enjoyed listening to the radio call of the game. Maplewood leads Marshall 36-22. Marshall just scored their first basket in the second half early in the 4th quarter.
What about those Westmoreland Eagles?!?
rolltide418 replied to GBO52's topic in Girls BasketballAny update on how Westmoreland is doing against Nolensville this evening?
Tennessee....Shot Clock or Not?
rolltide418 replied to RealisticFan45's topic in Girls BasketballI am against it. Not only would it add to the responsibilities of the referees, but it would add to the schools to get someone to properly run the shot clock.
Class AA State Tournament Thread
rolltide418 replied to ballinup90's topic in Girls BasketballI have not seen Macon County play, but will be going to the games on Thursday. What numbers are the two players you referenced in your post?
Where is the District 10AA tournament being held this season?
When and where are the District 10 AA championship and consolation games being played? Pearl Cohn vs East Nashville Championship Maple wood vs Lipscomb Academy Consolation
rolltide418 posted a topic in SoftballWhere is this tournament supposed to be played this year? I believe it is next weekend.
Does anyone know the order and times for the games on Tuesday? Which game is first?
Does anyone know how the Cheatham County vs Camden game turned out?
District 11AA
rolltide418 replied to 31ballfan's topic in Boys BasketballCan anyone update the district standings? I know that Cheatham County is 1-5 having knocked off Stewart County on Saturday.
Internet Broadcasts: Info Needed
rolltide418 replied to CoachT's topic in Girls Basketballwww.wqsvam790.com broadcasts the Cheatham County and Sycamore games.
Harpeth Coach Gone?
rolltide418 replied to winnersrus's topic in Girls BasketballAny word on who will replace Coach Johnson at Harpeth and whether Coach Johnson has found another position?


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Home › Forums › Other Parks › Universal Studios Hollywood › Holloween Horror Nights 2020 Canceled
Universal Parks and Resorts has announced that 2020's Halloween Horror Nights event has been canceled at both Universal Orlando and Universal Studios Hollywood, with hopes to bring back the event in 2021.
Here's the official statement:
Universal Studios Hollywood and Universal Orlando Resort have made the difficult decision to not hold Halloween Horror Nights events this year. Universal Studios Hollywood continues to face ongoing business restrictions and uncertainty around its opening timeframe. Universal Orlando Resort will be focusing exclusively on operating its theme parks for daytime guests, using the enhanced health and safety procedures already in place.
We know this decision will disappoint our fans and guests. We are disappointed, too. But we look forward to creating an amazing event in 2021.
No information about this year's event was ever released, but maze construction was taking place. It is also not known if what was planned for this year will return for next year – especially when it comes to intellectual property (I.P.) mazes. This year, Halloween Horror Nights at Orlando was celebrating 30 years and recently released event merchandise.
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A look Into All Things Disney
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Ways through which Hiring a Custom Home Builder is Advantageous
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Gtflix Tv. The French Supreme Court queries the CJEU on further specification of Bolagsupplysningen and jurisdiction for libel over the internet.
Posted by Geert van Calster in Conflict of Laws /Private international law on 03/06/2020
Thank you Helene Peroz for flagging the French Supreme Court on 13 May last referring to the CJEU for clarification of the Bolagsupplysningen case-law. The case concerns Gtflix Tv which I understand is a Czech adult entertainment corporation, who is suing Mr X, himself a producer of porn and domiciled at Hungary, arguing Mr X has defamed them in public comments.
Gtflix claim both retraction and correction of the comments, and symbolic damages. X argues the French courts do not have jurisdiction and the Court of Appeal at Lyons agreed. It held that Gtflix cannot suffice with a simple show of accessibility of the comments in France: for it to establish jurisdiction, Gtflix was required to show real damage to its reputation in France.
The Supreme Court first of all held that Bolagsupplysningen is good authority for acts of unfair competition between competitors – a finding which was not as such made in Manitou v JCB and on which the court does not refer to the CJEU. The applicable law issues which I discussed earlier in the week, were not subject of the Cour de Cassation's assessment.
The court then does refer to the CJEU to ask whether Bolagsupplysningen means that a claimant who requests both rectification /retraction and damages, has to necessarily turn to courts with full jurisdiction or whether they can continue to turn for the damages part, to all courts with locus damni jurisdiction.
The specific question referred, is
"Les dispositions de l'article 7, point 2, du règlement (UE) n° 1215/2012 doivent-elles être interprétées en ce sens que la personne qui, estimant qu'une atteinte a été portée à ses droits par la diffusion de propos dénigrants sur internet, agit tout à la fois aux fins de rectification des données et de suppression des contenus, ainsi qu'en réparation des préjudices moral et économique en résultant, peut réclamer, devant les juridictions de chaque État membre sur le territoire duquel un contenu mis en ligne est ou a été accessible, l'indemnisation du dommage causé sur le territoire de cet État membre, conformément à l'arrêt eDate Advertising (points 51 et 52) ou si, en application de l'arrêt Svensk Handel (point 48), elle doit porter cette demande indemnitaire devant la juridiction compétente pour ordonner la rectification des données et la suppression des commentaires dénigrants ?" ;
(Handbook of) European private international law, 2nd ed. 2016, Chapter 2, Heading 220.127.116.11
BVC v EWF. The High Court on personality rights, internet and centre of interests in echoes of Bolagsupplysningen and e-Date. Suggests court with full jurisdiction is required for orders restraining further publication.
Posted by Geert van Calster in Conflict of Laws /Private international law on 27/09/2019
In BVC v EWF [2019] EWHC 2506 (QB) claimant applied for summary judgment in a claim for misuse of private information and harassment. The privacy claim arises from internet publication, on a website created by the defendant, of his account of his relationship with claimant. The harassment claim arises from a series of email communications from the defendant to claimant over a period of some two years, and from publication of the website itself.
An ex parte injunction had been granted earlier. The Defendant was restrained from contacting or harassing claimant, from publishing the website or any of its contents to the world at large, and from publishing any of the information set out in a confidential schedule, or any information which was liable to or might identify the claimant as a party to the proceedings or as the subject of the confidential information
In current proceedings defendant (a UK national) submits he is domiciled in Switserland. This triggers the Lugano Convention.
Parkes J clearly had to consider Article 5(3) Lugano's special jurisdictional rule for tort (the BIa equivalent of course is now Article 7(2), hence also applying e-Date and Bolagsupplysningen. Steyn DJ had earlier rejected defendant's arguments. At 33: 'She held, in short, that the Claimant had a good arguable case that this jurisdiction was the state in which he had the centre of his interests, and that in any event a real and substantial tort (namely misuse of private information) had been committed within the jurisdiction. She also ordered that the steps already taken to bring the Claim Form and orders of 27 June and 4 July 2018 to the Defendant's attention (namely, service by email) constituted good service on him, notwithstanding that he claimed he was domiciled in Switzerland at the date of receipt of the documents, not (as had been believed) in this jurisdiction.'
Defendant (praised nb by Parkes J for his 'brief but enlightening written submissions') however continues to challenge the jurisdiction, jumping at the chance to bring it up again when claimant referred to his centre of interests in his PoC (Particulars of Claim), and employing the distinction which the CPR makes between challenges to existence and exercise of jurisdiction (notwithstanding authority (see at 39) that despite the distinction claims viz the two need to be brought concurrently).
He essentially (at 43) posits the court reconsider
'whether Article 7(2) RJR is 'to be interpreted as meaning that a natural person who alleges that his personality rights have been infringed by the publication of information concerning him on the internet may have his centre of interests in a Member of State where he is not habitually resident, where he has no ongoing professional connections or employment, no home, no income and no immediate family'. In his letter to the court of 18 June 2019, the Defendant puts it this way: '… with no permission to appeal the judgment of Karen Steyn QC, if the court continues to accept the Claimant's centre of interests is in England and Wales despite very clear evidence to the contrary then it is necessary to refer the question of interpretation to the ECJ pursuant to Article 267 of the TFEU'.
At 44 Parkes J dismisses the suggestion of preliminary review to Luxembourg. That route is 'not designed to provide a route of appeal against judicial evaluation of evidence of fact.' In conclusion, re-opening of the discussion on jurisdiction is rejected, referring finally to Lord Green in Kaefer:"it would not be right to adjourn the jurisdiction dispute to the full trial on the merits since this would defeat the purpose of jurisdiction being determined early and definitively to create legal certainty and to avoid the risk that the parties devote time and cost to preparing and fighting the merits only to be told that the court lacked jurisdiction".
Arguments on submission to the jurisdiction where not entertained: whether service of a defence, and the making of an application to strike out qualify as 'submission' becomes otiose when that jurisdiction has already been unsuccessfully challenged.
Then follows extensive discussion of the factual substance of the matter, which is less relevant for the purposes of this blog. Hence fast forward to 150 ff where the issue of jurisdiction to issue an injunction prohibiting re-publication of the material is discussed (in case: re-offering of the website on WordPress or elsewhere). At 158 ff this leads to a re-discussion of Bolagsupplysningen where the Court held that where a claimant seeks an injunction to rectify or remove damaging material from the internet, he can only do so only in a State with full jurisdiction. Parkes J at 160 suggests this is only in the state where the defendant is domiciled (the general rule, as stated by Art 2(1) Lugano and Art 4(1) RJR), or (by virtue of the special jurisdiction: Art 5(3) Lugano and Art 7(2) RJR) in the state where he has his centre of interests, and not before the courts of each member state in which the information is accessible.
I believe Parkes J on that point omits locus delicti commissi. At the time of my review of Bolagsupplysningen I suggested the judgment was bound to create a need for further clarification: Shevill and e-Date confirm full jurisdiction for the courts of the domicile of the defendant, and of the locus delicti commissi, and of the centre of interests of the complainant. These evidently do not necessarily coincide. With more than one court having such full jurisdiction positive conflicts might arise.
Of more importance here is that Parkes J (obiter) at 163 suggests that the requirement of full jurisdiction, also applies to orders restraining any further publication and not just as the Grand Chamber held limited by the facts in Bolagsupplysningen, to orders for rectification and removal. In doing so he follows the in my view correct suggestion made by Dr Tobias Lutzi ('Shevill is dead, long live Shevill!', L.Q.R. 2018, 134 (Apr), 208-213) viz divisible cq indivisible remedies – update 28 September 2019 although the issue is not free of discussion. Graham Smith for instance suggests the potential for geo-blocking as a valid argument to grant jurisdiction for restraining further publication on an Article 7(2) locus damni basis.
Note also the cross-reference to Saïd v L'Express on the limitation of Bolagsupplysningen to injunctive relief: for damages, the full mosaic implications remain.
Conclusion: Claimant is entitled to summary judgment for a final injunction to restrain further misuse of his private information
(Handbook of) European Private International Law, 2nd ed. 2016, Chapter 2, Heading 126.96.36.199.
Saïd v L'Express. The High Court finds no Bolagsupplysningen injunctive jurisdiction (upholds damages jurisdiction).
Posted by Geert van Calster in Conflict of Laws /Private international law on 16/01/2019
In Saïd v L'Express [2018] EWHC 3593 (QB), held at the end of December, 1st Defendant is the publisher of the French language magazine L'Express. 2nd Defendant is described as the 'directeur de la publiction, directeur de la redaction' of the magazine and is said to have editorial responsibility for it. The claim was originally one in data protection under the GDPR and one in libel – currently only the libel claim has been continued. A pitty: for the GDPR issue see my prediction here.
214 copies of the magazine are sold to subscribers in the UK. There were 252 website visits to the article from within the UK. All the ingredients therefore of a classic C-68/93 Shevill action. Nicol J of course runs (with great clarity) through Shevill, eDate Advertising GmbH v X; Martinez v MGN Ltd Joined Cases C-509/09 and C-161/10) and Bolagsupplysningen. At 23 he holds correctly that the e-Date route of full jurisdiction for the claimant's centre of interests applies only to internet publications ('I detect no suggestion that, in respect of print copies, a claimant has the option of suing for compensation for all of the loss in the member state where he has his centre of interests').
At 31 he summarises his key takeaways from Bolagsupplysningen.:
i) So far as internet publications are concerned, a claimant who is seeking relief such as an injunction may do so only (a) in a Member State where the defendant is domiciled (so that the Courts of that Member State have jurisdiction under Article 4(1)); or (b) in the Member State where Claimant has his centre of interests.
ii) Although by the time of the reference the Supreme Court of Estonia was concerned only with the corporate claimant, there is nothing in the judgment to suggest that the outcome in relation to the third question would have been different in relation to the individual claimant.
iii) The Court was concerned exclusively with publications on the internet. So far as remedies for print publications are concerned, a claimant's options as set out in Shevill remain the same.
iv) Likewise, the Court was concerned exclusively with remedies for the rectification or removal of information from the internet. So far as other remedies, such as damages are concerned (even damages for internet publications) the Court appears to have made no change to the previous position. The Court's judgment appears to be in contrast with the opinion of the Advocate-General (Bobek) whose preferred course was to restrict a claimant complaining of an internet publication, to those fora which had full power to deal with all copies of the publication so that the mosaic option would not be available in such cases (see [97] of his opinion) whatever remedies were being sought. ….'
He is absolutely right re Bobek's Opinion as I discuss here.
Then follows the factual discussion (suggestions for centre of interest in England are at 47 and at 56) leading to a finding at 61 of there not being centre of interest in England which could displace the Bolagsupplysningen presumption of habitual residence (here: Monaco) being that centre. The preceding paras include important discussion on the amendment of claims and the need to identify the jurisdictional gateway (Mosaic and /or Bolagsupplysningen) in the claims form.
Finding therefore is at 73-74 that 'Claimant has not shown a good arguable case that his centre of interests is in England and Wales. As is agreed, the Defendants are not domiciled in the jurisdiction. Accordingly and in accordance with Bolagsupplysningen, this court does not have jurisdiction to grant an injunction to restrain publication of the article on the internet. To that extent, the Defendants' application succeeds. Otherwise, the Claimant has shown a good arguable case for the cause of action and other relief which he seeks. The remainder of the Defendants' application is therefore refused.' (Meaning that the application for summary dismissal on that point fails and the case must proceed on the damages issue, in mosaic fashion).
A first thorough application of Bolagsupplysningen I believe.
(Handbook of) European Private International Law, 2nd ed. 2016, Chapter 2, Heading 126.96.36.199.
Close, but no sigar. The CJEU on libel, internet and centre of interests in Bolagsupplysningen.
Posted by Geert van Calster in Conflict of Laws /Private international law on 15/11/2017
The Court held some weeks ago in C-194/16 Bolagsupplysningen OÜ on the application of the Shevill rule, as supplemented by e-Date advertising, to infringements of a company's personality rights over the internet. I held back reporting on the case for exam reasons – yep, some of the places I teach at already have exams.
Judgment was issued in Grand Chamber. There can be no clearer indication of the relevance the Court attaches to the question. The CJEU introduces in my view further complication in the Article 7(2) rule (jurisdiction for torts) by requiring the court seized carry out analysis of 'main economic activity' with those same courts being told not to get carried away however in that analysis. The judgment does not I believe offer a solid conclusion for the issues of removal and rectification.
An Estonian company operating in Sweden was blacklisted for its allegedly questionable business practices on the website of a Swedish employers' federation. The website attracted a number of hostile comments from its readers. The Estonian company brought an action before the Estonian courts against the Swedish federation. It complained that the published information has negatively affected its honour, reputation and good name. It asked the Estonian courts to order that the Swedish federation rectify the information and remove the comments from its website. It also requested damages for harm allegedly suffered as a result of the information and comments having been published online.
Can the Estonian courts assert jurisdiction to hear this action on the basis of the claimant's 'centre of interests', a special ground of jurisdiction that the Court previously applied to natural persons, but so far not legal persons? If they can, then second, how should the centre of interests of a legal person be determined? Third, if the jurisdiction of the Estonian courts were to be limited to situations in which the damage occurred in Estonia, the referring court wonders whether it can order the Swedish federation to rectify and remove the information at issue.
I reviewed Bobek AG's Opinion here – let me recap core issues: Bobek AG suggested there are two novelties in the questions referred: a legal person (not a natural one) is primarily asking for rectification and removal of information made accessible on the internet (and only secondarily for damages for the alleged harm to its reputation). This factual setting, the AG suggests, leads to the question of how far the seemingly quite generous rules on international jurisdiction previously established in Shevill with regard to libel by printed media, and then further extended in eDate to the harm caused to the reputation of a natural person by information published on the internet, may be in need of an update.
At the real root of course of the generous rules on jurisdiction for tort, lies the Court's judgment in Bier. Bobek AG joined Szpunar AG in severely questioning the wisdom of the Bier rule (both locus delicti commissi and locus damni lead to jurisdiction) in the age of internet publications. Not unexpectedly, the Court of Justice further refined Bier, but did not overrule it.
It held first of all that legal persons like natural persons can claim for damages in their centre of interests (at 38): the split in Bier was introduced for reasons of judicial suitability ('sound administration of justice'), not personal interest of the plaintiff hence the qualification of that plaintiff has no bearing on the rule.
Following e-Date, the national court therefore needs to determine a centre of interests for a legal person just as it would for a natural person. At 41: for legal persons, this centre of interests 'must reflect the place where its commercial reputation is most firmly established and must, therefore, be determined by reference to the place where it carries out the main part of its economic activities. While the centre of interests of a legal person may coincide with the place of its registered office when it carries out all or the main part of its activities in the Member State in which that office is situated and the reputation that it enjoys there is consequently greater than in any other Member State, the location of that office is, not, however, in itself, a conclusive criterion for the purposes of such an analysis.' As one knows from the definition of 'domicile' under the Brussels I Regulation, leading to positive jurisdictional conflicts (it is perfectly possible for more than one Member State considering itself the domicile of a corporation), it is far from self-evident to determine where a company's 'main' economic activities are located.
At 43 the Grand Chamber reminds the national courts that their role in the application of the Brussels I Recast is limited to the jurisdictional stage: they must not go into the merits (yet), hence if it is 'not clear from the evidence that the court must consider at the stage when it assesses whether it has jurisdiction that the economic activity of the relevant legal person is carried out mainly in a certain Member State', the Court must conclude that the Article 7(2) locus damni for the full damage is not available to that claimant.
The Court then distinguishes actions for rectification of false information and removal of comments: there is no jurisdiction before the courts of each Member State in which the information published on the internet is or was accessible. The Court follows Bobek AG's Opinion on this point (although the AG also employed it to support his view on withdrawal of Bier altogether) at 48: 'in the light of the ubiquitous nature of the information and content placed online on a website and the fact that the scope of their distribution is, in principle, universal …an application for the rectification of the former and the removal of the latter is a single and indivisible application and can, consequently, only be made before a court with jurisdiction to rule on the entirety of an application for compensation for damage [the Court refers to Shevill and e-Date] and not before a court that does not have jurisdiction to do so.'
On this latter point, the judgment is bound to create a need for further clarification: Shevill and e-Date confirm full jurisdiction for the courts of the domicile of the defendant, and of the locus delicti commissi, and of the centre of interests of the complainant. These evidently do not necessarily coincide. With more than one court having such full jurisdiction I do not see a solution in the Court's approach.
(Handbook of) European Private International Law, 2nd ed. 2016, Chapter 2, Heading 18.104.22.168.
E-date Advertising for companies. Libel, internet and centre of interests. Bobek AG in Bolagsupplysningen OÜ.
Posted by Geert van Calster in Conflict of Laws /Private international law on 22/08/2017
Bobek AG opined mid July in C-194/16 Bolagsupplysningen OÜ on the application of the Shevill rule, as supplemented by e-Date advertising, to infringements of a company's personality rights over the internet. This is one of those Opinions where summaries fall much, much short of the contents of the original document and I should urge readers to consult the Opinion in full.
An Estonian company operating in Sweden was blacklisted for its allegedly questionable business practices on the website of a Swedish employers' federation. The Advocate General dryly notes '(a)s inevitably happens in the era of anonymous internet bravery, universally known for its genteel style, subtle understanding, and moderation, the website attracted a number of hostile comments from its readers. The Estonian company brought an action before the Estonian courts against the Swedish federation. It complained that the published information has negatively affected its honour, reputation and good name. It asked the Estonian courts to order that the Swedish federation rectify the information and remove the comments from its website. It also requested damages for harm allegedly suffered as a result of the information and comments having been published online.
Can the Estonian courts assert jurisdiction to hear this action on the basis of the claimant's 'centre of interests', a special ground of jurisdiction that the Court previously applied to natural persons, but so far not legal persons? If they can, then second, how should the centre of interests of a legal person be determined? Third, if the jurisdiction of the Estonian courts were to be limited to situations in which the damage occurred in Estonia, the referring court wonders whether it can order the Swedish federation to rectify and remove the information at issue.
The Advocate General suggests there are two novelties in the questions referred: a legal person (not a natural one) is primarily asking for rectification and removal of information made accessible on the internet (and only secondarily for damages for the alleged harm to its reputation). This factual setting, the AG suggests, leads to the question of how far the seemingly quite generous rules on international jurisdiction previously established in Shevill with regard to libel by printed media, and then further extended in eDate to the harm caused to the reputation of a natural person by information published on the internet, may be in need of an update. At the real root of course of the generous rules on jurisdiction for tort, lies the Court's judgment in Bier. Bobek AG joins Szpunar AG in severely questioning the wisdom of the Bier rule in the age of internet publications.
Now, human rights scholars will enjoy the Advocate General's tour d'horizon on whether and to what extend companies may enjoy human rights. On the whole I believe he is absolutely right in suggesting that there ought to be no difference between legal persons and natural persons when it comes to the very possession of personality rights (such as the right not to be libelled) and that neither is there any ground to distinguish between natural persons and legal persons when it comes to the jurisdictional consequences of upholding these rights.
Then, to the jurisdictional consequences (para 73 onwards): the AG suggests that 'putting Shevill online' (the AGs words) essentially means granting the forum to a large number of jurisdictions simultaneously, 28 within the European Union. That is because allegedly false or libelous information on the internet is instantly accessible in all Member States.
Bobek AG suggests such multiplicity of fora stemming from the distribution criterion is very difficult to reconcile with the objective of predictability of jurisdictional rules and sound administration of justice enshrined in recital 15 of the Brussels I Recast Regulation, and does not serve the interests of claimant (although the AG concedes that in litigation practice, sending the defendant on a goose chase throughout the EU may be an attractive proposition). Now, in Bier the CJEU upheld jurisdiction for both locus damni and for locus delicti commissi on the grounds that this was attractive from the point of view of evidence and conduct of proceedings: this gives both the 'special link' which the special jurisdictional rules require. Whether the Court will be swayed by the argument that in the internet context, neither is of relevance, remains to be seen. It is true that number of clicks, which presumably is the relevant criteria to establish 'damage' in the context of Article 7(2), can be established just as well outside the jurisdiction as inside it (Google Analytics being used in a variety of national proceedings). It is also true however that Bier and Shevill are dogma for the Court and it is unlikely that it will simply abandon or even vary them.
Variation is all the more unlikely in the direction of the alternative suggested by the AG: locus delicti commissi relates to whoever is in charge of publishing and altering the content of the online information. So far so good: this is a useful clarification of Shevill in the internet age and one that has as such been so applied by national courts.
Harm then would in the AG's view have to be defined as solely being the place where the reputation of the claimant was most strongly affected. That is the place of his centre of interests. The AG further suggests (at 104 ff) that in the case of a profit-making legal person, that is, a company, the jurisdiction is likely to correspond to the Member State where it attains the highest turnover. In the case of non-profit organisations, it is likely to be the place where most of its 'clients' (in the broadest sense of the word) are located. In both cases, such a Member State is likely to be the one where the damage to reputation and therefore to its professional existence is going to be felt the most. However in all cases, assessments needs to be fact-specific, and moreover, more than one centre of interests could potentially be established (at 116); that latter concession of course is not likely to endear the AG to the Court, given the requirement of predictability.
Answering then the query re injunctions (under the assumption that is an injunction sought by way of final remedy, not an interim measure), the AG employs the possibility of conflicting directions issued by courts with jurisdiction as to the merits of the case, as further argument, ad absurdum, to support his view on locus damni. This issue could raise interesting discussions on the usefulness of directions to remove internet content from particular websites only.
All in all, there is an awful lot of to the point analysis by the AG in this opinion. However the Court's repeated reluctance to vary Bier and Shevill, a formidable obstacle.
(Handbook of) European Private International Law, 2nd ed. 2016, Chapter 2, Heading 188.8.131.52.
Choice of court on the web . The ECJ on 'click-wrap' in El Majdoub v CarsOnTheWeb.
Posted by Geert van Calster in Conflict of Laws /Private international law on 17/06/2015
I have delayed reporting on judgment in Case C-322/14, Jaouad El Majdoub v CarsOnTheWeb.Deutschland GmbH, held 21 May 2015, for exam reasons. I reported earlier on the due diligence required of businesses when establishing choice of court through electronic means. The ECJ has now also had its say, in a case concerning a B2B contract for the purchase of a car. [Choice of court in a B2C context tends to be covered by the consumer contracts title hence is not at stake here. [Mark Young and Philipe Bradley-Schmieg review the relevance of the case for B2C contracts here].
Choice of court allegedly had been made in favour of the courts at Leuven, Belgium, in the vicinity of which the seller's parent company has its head office. The buyer however sued in Germany, the domicile of the German daughter company (and of the buyer, a car dealer). Buyer claims that the contract at any rate was with the daughter company, not the mother company, and that choice of court had not been validly made. He submits that the webpage containing the general terms and conditions of sale of the defendant in the main proceedings does not open automatically upon registration and upon every individual sale. Instead, a box with the indication 'click here to open the conditions of delivery and payment in a new window' must be clicked on (known as 'click wrapping').
In essence therefore the question is whether the requirements of Article 23(2) of the Brussels I Regulation (now Article 25(2)) are met only if the window containing those general conditions opens automatically, and upon every sale. That Article was added at the adoption of the Brussels I Regulation, precisely to address the then newish trend of agreeing to choice of court (and indeed choice of law; but that is not covered by Brussels I) through electronic means.
The provisions on forum clauses in the 1968 Brussels Convention, Brussels I and the recast are drafted in a way 'not to impede commercial practice, yet at the same time to cancel out the effects of clauses in contracts which might go unread' (Report Jenard) or otherwise 'unnoticed' (the ECJ in the core case Colzani). the Report Jenard also notes that in order to ensure legal certainty, the formal requirements applicable to agreements conferring jurisdiction should be expressly prescribed, but that 'excessive formality which is incompatible with commercial practice' should be avoided.
The first sentence of Article 25(1) discusses the parties 'agreement' as to choice of court. (It leaves a large array of national law issues untouched, such as consideration, mandate, 3rd party effect. etc. On some of those issues, see also Refcomp). The remainder of Article 25(1) concerns the possible formats in which agreement is testified. Article 25(2) (and 23(2) before it) accompanies Article 25(1) a's option of having the agreement put down 'in writing'.
In line with the requirement not to be excessively formalistic, the ECJ essentially requires that parties be duly diligent when agreeing to choice of court. If click-wrapping makes it possible to print and save the text of those terms and conditions before the conclusion of the contract, then it can be considered a communication by electronic means which provides a durable record of the agreement.
Note that the Court does not hold on whether the agreement is actually reached between the parties: only that click-wrap may provide a durable record of such agreement, where it exists. (One could imagine choice of court having been protested, for instance, or other issues of national law having an impact on the actual existence of the agreement. and one can certainly imagine a continuing discussion on what contract was concluded between what parties in the case at issue].
Choice of court and choice of law on the web – Due diligence required. Brussels Court of Appeal in A v P.
Posted by Geert van Calster in Conflict of Laws /Private international law on 07/10/2013
The Brussels Court of Appeal held in A v P on 25 March 2013, on a choice of court agreement included on the internet. Its judgment should be a reminder of the need to take care of the design and formulation of choice of court clauses in standard terms and conditions via the internet. The judgment can be consulted via this issue of firstname.lastname@example.com (p.37 ff).
The CA first of all correctly holds that the alleged non-existence of a contract does not affect its duty to review whether the choice of court agreement which is part of the contract, might be valid.
Company P has its registered seat in Poland. Company A in Belgium. P had sent A a quote for delivery of a substantial amount of solar panels. The judgment does not specify how the offer was sent however it was subsequently countersigned by A. Subsequent e-mails specified that the panels had to be delivered in Poland. The quote contained a reference to a weblink which contained P's standard terms and conditions. No further written or verbal reference had been made by the parties to a choice of court agreement. P's standard terms and conditions contained choice of court in favour of the courts at Brussels.
The Court of Appeal referred to Colzani in which the ECJ held that 'IN THE CASE OF A CLAUSE CONFERRING JURISDICTION , WHICH IS INCLUDED AMONG THE GENERAL CONDITIONS OF SALE OF ONE OF THE PARTIES , PRINTED ON THE BACK OF THE CONTRACT , THE REQUIREMENT OF A WRITING UNDER THE FIRST PARAGRAPH OF ARTICLE 17 OF THE CONVENTION OF 27 SEPTEMBER 1968 IS ONLY FULFILLED IF THE CONTRACT SIGNED BY THE TWO PARTIES INCLUDES AN EXPRESS REFERENCE TO THOSE GENERAL CONDITIONS .' [apologies for the capital letters: this is how ECJ judgments used to be reported].
The Court of Appeal noted that the standard terms and conditions were not included in the quote: rather, only a reference to a website was made. The Court does entertain (but rejects) the possibility of the link being a 'communication by electronic means' within the meaning of article 23(2) of the jurisdiction Regulation.
I disagree with the guillotine application of Colzani's reference to the inclusion of choice of court in the signed document. Surely Colzani can be applied mutatis mutandis to exclusively electronically available STCs. What's more relevant in my view is the Convention's (and now the Regulation's) emphasis simply on making sure that parties have actually agreed to the clause: see Colzani at para 7: 'BY MAKING SUCH VALIDITY SUBJECT TO THE EXISTENCE OF AN ' AGREEMENT ' BETWEEN THE PARTIES , ARTICLE 17 IMPOSES ON THE COURT BEFORE WHICH THE MATTER IS BROUGHT THE DUTY OF EXAMINING , FIRST , WHETHER THE CLAUSE CONFERRING JURISDICTION UPON IT WAS IN FACT THE SUBJECT OF A CONSENSUS BETWEEN THE PARTIES , WHICH MUST BE CLEARLY AND PRECISELY DEMONSTRATED .'
A simple reference to standard terms and conditions in the paper contract signed by the parties, offers no more or less certainty that the party who agrees to the other's conditions, has actually even read them (indeed as we all know, many never read the small print until it comes to litigation or complaint). What matters more, is that it can be reasonably assumed that they had at least the opportunity to do so. That is no less the case in the event of STCs included on the web.
However, in such case, the party whose STCs are included on the web, needs to ensure that the other party can be reasonably assumed to have consulted them, in the version applicable to the contract at issue. In my view this requires the STCs to be properly displayed on the website, and, in the event of changes in versions, for them to be numbered accordingly (and for that number or date to have been referred to in the undersigned quote, or contract, or electronic order). On this, I do agree with the Court of Appeal: the Court pointed out that the weblinked STCs had not been recorded in durable fashion (see Article 23 of the Jurisdiction Regulation).


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Digital media group Influasia has acquired digital publishing platform In Real Life Malaysia (IRL), founded in 2018 by Rachel Tan, head of business at eCommerce lifestyle brand Oxwhite who joined in June from Shopee Malaysia. IRL focuses on sharing personalised stories from everyday Malaysians while Influasia-owned online publications are World of Buzz, Noodou and Lobak Merah. Influasia also owns its influencer marketing agency named Buzzer, which has a database of over 49,000 local influencers.
With the acquisition, Influasia's group of online publication now has over 40 million page views and over 10 million unique individuals monthly, the press statement said. Tan has since been appointed consultative partner.
While Tan declined to reveal the value of the acquistion, she told A+M that Influasia has fully absorbed her ownership, as well as her editor and content writer. As such, Tan will work with Influasia's co-founder Michelle Tan to ensure the style of content is written with the platform's vision in mind, as well as how IRL can leverage Influasia's resources to grow further.
Meanwhile, co-founder Chris Khristie said it chose to acquire IRL in particular due to both parties' shared objective of conveying community-centric messages. "We believe that this merger is fitting to our mutual
vision of encouraging more people to share their personal stories," he said.
Khristie told A+M that it will build up the prominence of IRL across all different social channels such as Facebook, YouTube and TikTok, and improve the frequency of its content throught Influasia's resources. A "more aggressive budget" will also be allocated for paid promotions on Facebook and partnerships will also be established with relevant brands and event organisers to further develop IRL's experiential journey and stories. He added that IRL will also be included on news platforms such as Google News, MSN, Yahoo, and Taboola News.
Influasia plans to strengthen its portfolio through further acquisition of relevant and building up niche platforms to cater to different sets of audiences. When asked about other types of publications of interest, Khristie specified that country-specific publications are also next on its list as part of its growth agenda to expand regionally in Southeast Asia.
"We are looking to target reader demographics of all age and interest segments to capture the mass attention in all verticals, and being able to appeal to any marketers digitally for any brand or campaign goals," he told A+M.
Aside from acquiring new publications, Influasia will also be launching its interactive content-based app titled "Portol, which has been in the works for nine months to date. Khristie explained that while there was a slight delay in the works, the team is at the final stages of the backend functionality for the app.
"The app will eventually be built through several versions to be an all-in-one content app where users are able to consume content from our partnered channels in both articles and videos format. Users will be incentivized for specific actions taken in the app such as consuming content, participating in live games, and more," he explained. Khristie added that marketing for the app will be done through a constant push from all its owned and partnered media assets, influencers and paid ads such as Facebook and Google.


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Discussion Starter • #1 •
I have two moggies, both about 16. One is so food obsessed we have to separate them when they eat and not let the other out until she's finished for her will eat it all! We can't leave food down or it'll go in an instant by him! At night we have to shut them in the lounge or they will howl all night for food but the last few years we wake up to runny and hard poop, furballs and sick all over the floor and furniture. We now have a crawling baby so this can't go on. We spent 30 minutes every morning cleaning it up and antibacterial wiping it all so its safe. I'm thinking they do this because they're shut away and want food or company at night so I'm going to try letting them roam again but I think i know how that'll go. They have no issues like this during the day at all and its not new behaviour since the baby has come along. They have lots of space, hidey holes, beds and clean litter boxes etc but don't go outside at night. Until 5 years ago they were indoor only cats as I lived near a dual carriage way and now they're free to roam the gardens but don't go further than that. I've tried fellaway before to no end but am willing to give it another shot.
Does anyone have any advice please?
Does anyone have any advice please?


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Effective Saturday, Aug. 1, anglers can fish for walleye on Mille Lacs Lake and use live bait. The planned walleye fishing closure and live bait restrictions during the month of July were the result of record ice fishing pressure this past winter that resulted in a harvest of almost 30,000 …Read More »
Brian Moon
Mandatory Masks Coming To Minnesota?
I got this email today from Matt Killian from the Brainerd Chamber of Commerce, and thought I would share. "Based on several sources, we believe it's likely that Governor Walz will announce a mandatory mask order this week. After experiencing surges in COVID cases, Governors in Arizona, California, Colorado, Louisiana, …Read More »
Northern Minnesota Resorts Are Hurting This Winter
The bad ice conditions on a bunch of lakes in Minnesota is creating a "regional disaster" for resorts in the north central and northern parts of the state.Read More »
Midge-Borne Virus (EHD) Causes Death Of Wild Deer In Stearns County
Well archery season opens Saturday in Minnesota. As if we didn't have enough to deal with, CWD, tick-borne illness , along comes this.Read More »


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text: Hermit Report post Posted October 28, 2009 I don't see why this wouldn't have been considered but since I wasn't here when the mini events were added so I'm not sure what type of discussion happened about it. Why not remove harvesting astrology and have the normal events and remove mini events? If this was considered just lock an disregard. Share this post Link to post Share on other sites


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The Charity
There's something for everyone at the Revive Healthy Living Centre. The clinic and dentist provide vital health services under one roof; the library is a valuable source of learning materials and information; and Ascenti assists people with musculoskeletal strains, sprains and joint injuries.
Recent Futures funding has allowed us to set up Job Club to help individuals find jobs, learn new skills including IT, and create CV's.
Revive Healthy Living Centre also provides opportunities for individuals and organisations to establish additional services as well as ad hoc or regular workshops and activities.
Our newest tenants are software training company Creative Studios Derby Ltd and Radfield Home Care.


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Patients suffering from Psoriasis have some good news. Researchers at Dr Reddy's Laboratories announced that its candidate drug (PPC-06) has emerged as a therapeutic option for treating the medical condition.
Psoriasis is a chronic skin condition caused by an over active immune system. The symptoms include inflammation, red patches of skin, flaking etc. The treatment routines followed are creams, oral medicines and light therapy.
In the Phase 2b studies, the drug provided positive clinical data in patients with moderate to severe plaque psoriasis. It met the prescribed treatment standards after 24 weeks of oral treatment. "Given the market with limited oral treatments, the development bodes well" said Sagar Munjal, Chief Medical Officer, Promius Pharma.
Promius Pharma is a wholly owned subsidiary of the Hyderabad-based Dr Reddy's Laboratories. The company plans to present the detailed safety and efficacy data from the trials in future dermatology conferences.
"PPC-06 is an oral molecule with a novel mechanism of action that has the potential to address unmet medical needs of psoriasis patients. The topline data we are reporting today support our belief that PPC-06 may become the first approved oral prodrug of Monomethyl Fumarate (MMF) for treatment of moderate to severe plaque psoriasis in the US. Further clinical development requirements will be discussed with the US FDA to support the approval of this product", said Anil Namboodiripad, Senior Vice President and Head, Proprietary Products Business.
PPC-06 is an extended release formulation of a fumaric acid ester (FAE), in-licensed from Xenoport, Inc for further development to treat moderate to severe plaque psoriasis. The Phase 2b clinical study was conducted to evaluate the tolerability, safety and efficacy of three doses of PPC-06 over 24 weeks.
This was a randomized, double blind, placebo-controlled, dose-finding multi-centre efficacy and safety study conducted at 76 sites in the United States (US). Patients had stable, moderate to severe plaque psoriasis for at least 6 months. A total of 426 participated in the study for 24 weeks.
The most common adverse events (AE's) reported were lymphocytopenia, eosinophilia and gastro-intestinal (GI) disorders, such as diarrhoea, nausea, abdominal pain and vomiting.


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Alex de Miñaur He is one of those players who have the speech and attitude on the court fully aligned. His words describe what he shows on the track, without major relief or wrapping. He preaches with continuity and work that is reflected in his nature as a player. And he has made it clear again in a recent chat with the ATP website, where the Australian reflects on his still incipient path in the elite and the keys that he has never abandoned to achieve what he proposes.
– For his youth, De Miñaur has already valued in other interviews the value of day to day.
"Every day counts. You don't realize that at such a young age, but as soon as you start to mature a little bit and have a couple more years of experience, you realize that if you want to be on top and you want to Playing against the best, you just have to constantly improve. You cannot be satisfied with your level. You must always want more and strive to reach higher levels: higher ranking, higher level matches and, hopefully, also beat higher opponents. level".
– When did Alex start to feel that tennis was his passion?
"I think as soon as I competed for the first time when I was eight years old I wanted to be a tennis player. I really enjoyed it and since then I have tried to play as much tennis as I could and improve as much as I could. I'm lucky to be in the situation where I'm playing with all these guys that I grew up seeing. "
– Always inspired by the greatest.
"Every time there was a Roger-Rafa final at a Grand Slam event, those were probably the games I saw the most repeated, non-stop. Those are the games that gave me hunger and drive to achieve my dreams as a tennis player and try to keep improving to be able to one day be in that situation. "
– Always look forward, never stop to think about mistakes.
"There are always ups and downs along the way. There are always bumps. But you just have to keep going. If you have the right mindset and you look at things in a positive way, and you get in the right direction … that's the most important thing. I personally would love to be known as a fun, personable, and really laid-back guy off the court. But also that they knew me because of how I go out on the track and I never give up, a boy who will fight to the end and who if you really want to beat, you will have to humiliate him. "


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