Civil Procedure in the European Union, 3rd Edition

Author: Paolo Biavati; Carlo Rasia
Publisher: Kluwer Law International
ISBN: 9789403502069

Previous Edition ISBN: 9789403513218
Published In: October 2022
Format: Paperback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in the European Union. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules.

The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the European Union will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

The Authors
List of Abbreviations
General Introduction
Part I. Competences of the European Judges
Chapter 1. Direct Actions
Chapter 2. Preliminary Rulings
Part II. Judges and Parties
Chapter 1. The Judges
Chapter 2. The Advocates-General
Chapter 3. The Organization of the EU Courts
Chapter 4. The Parties
Chapter 5. Agents, Advisers, and Lawyers
Chapter 6. Costs of Proceedings
Part III. The Ordinary Proceedings
Chapter 1. General Features
Chapter 2. The Written Stage
Chapter 3. Evidence
Chapter 4. The Oral Stage and the Decision
Part IV. Special Forms of Procedure
Chapter 1. General Features
Chapter 2. Interim Relief
Chapter 3. The Special Proceedings Relating to Intellectual Property Rights
Part V. Peculiar Aspects of the Proceedings in the Relationships Between the Judicial Bodies
Chapter 1. Questions of Jurisdiction and Competence
Chapter 2. The Stay of Proceedings
Chapter 3. Judgments Delivered when the Case Has Been Referred Back
Part VI. The Proceedings of Appeal and Review of the Decisions
Chapter 1. General Outlines
Chapter 2. The Ordinary Proceedings of Appeal Against the Decisions of the General Court
Chapter 3. The Development of the Appeal Proceedings
Chapter 4. The Decision on the Appeal and the Decision to Refer the Case Back to the First Instance
Chapter 5. Appeal Against the Decisions of the CST
Chapter 6. The Exceptional Review of the Decisions of the General Court Before the Court of Justice
Chapter 7. The Third-Party Proceedings
Chapter 8. Revision
Chapter 9. Application to Set Aside Judgments by Default
Chapter 10. Interpretation of Judgments and Orders
Chapter 11. Rectification of Judgments and Orders
Chapter 12. Failure to Adjudicate
Selected Bibliography
Index