CYIL vol. 11 (2020)

DIMITRIS I. LIAKOPOULOS CYIL 11 (2020) forum to arbitration but also to the Commercial Court in London, these new courts could receive impetus from the uncertainty linked to the circulation of English decisions and more generally to the disappearance of those forms of legal assistance so far functioning related to the regime notifications, taking of evidence and exemption from legalization. In Germany, a project was presented concerning a special section, operating in English, of the Landgericht Frankfurt, which could constitute one of the elements capable of corroborating the role of the city as the new financial capital of Europe. The next few years will allow us to evaluate whether these initiatives have been successful and if they have affected the current dominance of the English courts. 4. The Regulations concerning the uniform European rules on civil procedure and mutual assistance To complete the regulatory framework described above, other measures are added, also concerning the procedural aspects of an international nature. With the adoption of the European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018 35 , the Ministry of Justice “revokes” the three acts of the European Union that gave birth to some procedures specifically designed to apply to certain categories of cross-border disputes: Regulation 805/2004 36 establishing the European enforcement order for uncontested claims, Regulation 1896/2006 37 establishing was that it would function as a ‘caviar court’, giving those who can afford it the luxury of a well-functioning and knowledgeable court, while-this was at least the impression created-leaving the ordinary citizen to navigate the intricate and slow world of Belgian courts in ordinary (…)”. 35 https://www.legislation.gov.uk/uksi/2018/1311/contents/made. 36 Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims, OJ L 143, 30. 4. 2004, pp. 15-39 . 37 Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 -creating a European order for payment procedure, OJ L 261, 22.0.2006, pp. 21-21. See from the ECJ the next cases: C-508/12, Walter Vapenik v. Josef Thurner of 5 December 2013, ECLI:EU:C:2013:790, published in the electronic Reports of the cases; C-300/13, Imtech Marine Belgium NV v. Hellenic Radio SA of 17 December 2015, ECLI:EU:C:2015:188, published in the electronic Reports of the cases, which the CJEU has declared that: “(…) certification is a measure of a judicial nature and is therefore reserved to the Court, and that is necessary to distinguish between the certification of a decision as the European enforcement order itself and the formal act of issuing the certificate and in particular the model contemplated by art. 9 of the rules of procedure (…)”. C-511/14, Pebros Servizi Srl v. Aston Martin Lagonda Ltd v. Aston Martin Lagonda Ltd of 16 June 2016, ECLI:EU:C:2016:448, published in the electronic Reports of the cases , which the CJEU has stated that: “(…) the default judgment was to be counted among the executive title that were to be certified as a European enforcement order, even if it could not, in fact, to be certified as a European enforcement order the pronouncement pronounced in absentia when it was impossible to identify the domicile of the defendant also for the purposes of notification (…)”. And in case of monitor process see: C-133/12, Goldbet Sportwetten v. Massimo Sperindeo of 13 June 2013, ECLI:EU:C:2013:105; C-215/11, Iwona Szyrocka v. SiGer Technologie GmbH of 13 December 2012, ECLI:EU:C:2012:794; joined cases C-119/13 and C-120/13, Eco Cosmetics GmHv. Virgine Laetitia BarbaraDupuy and Tetyana Bonchyk of 4 September 2014, ECLI:EU:C.2014:2144; C-245/14, Thomas Cook Belgium NV v. Thurner Hotel GmbH of 22 October 2015, ECLI:EU:C:2015:715; C-94/14, Flight Refund Ltd vs. Deutsche Lufthansa AG of 10 March 2016, ECLI:EU:C:2016:148, the above cited cases published in the electronic Reports of the cases. For the analysis of the above cases see: DUROVIC, M. European law on unfair commercial practices and contract law , (Hart Publishing, Oxford & Oregon, Portland, 2016) 106ss. HAZELHORST, M. Free movement of civil judgments in the European Union and the right of fair trial , (ed. Springer, The Hague, 2017) 438ss. RAUSCHER, T. Internationales Privatrecht mit internationalem Verfahrensrecht , (C.H. Beck, München, 2017), 686ss. EICHEL, F. ‘Keine rügelose Einlassung in Europäischen

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