Recognition of decisions of Member States: threshold public order exception too high?

European Court of Justice 16 July 2015 in Case C-681/13 Member States must recognise a decision by the courts of another Member State even if it is obviously contrary to EU law, unless the decision constitutes a manifest breach of a rule of law regarded as essential in the EU legal order. This is perhaps the unsatisfactory consequence of the … Read more

Product liability under Directive 85/374: a potential defect, is a defect too

In its decision of 5 March 2015 (joined cases C-503/13 and C-504/13), in reply to preliminary questions of the German Bundesgerichtshof, the European Court of Justice (ECJ) clarified that under Directive 85/374 an implantable medical device can be considered defective for the mere reason that the product belongs to a group or series of products that has a potential risk … Read more