Arendt Case Review #3 – October 2018 – Arendt Litigation Group

Arendt Case Review is a newsletter designed by Arendt Litigation Group to inform you about recent decisions of the Luxembourg and/or European courts.

Contents

Mandate agreement

– Indemnity for losses incurred

Invoice

– Accepted invoice

– Payment of an invoice without reservations – waiver of recourse – insurers (subrogation)

Unilateral expert assessments

– Probative value

Compensation for damages

– Benefit of the doubt (no)

– Compensatory damages and moratory damages

Execution

– Garnishment on unilateral request – duty of cooperation

Civil procedure

– Civil liability – orders and decisions to dismiss proceedings – exception of res judicata

– Estoppel 

– Relative effect of service (indivisibility)

Employment Law

– Immediate termination of the employment contract on serious grounds

– Indemnity (time-bar)

– Gratification

News