Arendt Case Review #4 – December 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

Civil liability

– Security obligation of the operator of a café – restaurant

Lease

– Standing to act as regards the renewal of a lease

Insurance contract

– Exclusion of intentional and gross negligence – public order

Statute of limitations 

– Starting point

Arbitration clause

– General terms and conditions – acceptance

Applicable law

– Loan agreement – Assignment of claim

Conflict of laws 

– Rules of handling of evidence – law of the forum

Garnishment 

– Prohibition on seizing settlement accounts

Labour law

– Cross-border transfer of an undertaking

– Transfer of an undertaking – object (delimitation of the part of the undertaking transferred)

Recovery of direct taxes

– Jurisdiction – Statute of limitations

Procedure

– Writ initiating proceedings – inadmissibility of an application with a different additional legal basis

Order handed down on consumer protection

– Appeal procedure – Application of the procedure as regards appeals against summary judgments

Current news