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European Judicial Training Network Réseau Européen de Formation Judiciaire
Seminar on
TORT LAW
22-23 September 2015School for the Judiciary (SSM), Scandicci – Italy
SPEAKERS & MODERATORS
Rafaelle SABATO (Italy)
Seminar Moderator
Mr. Raffaele Sabato was elected Chairman of the Consultative Council of European Judges (CCJE) on 25 November 2005 by a unanimous vote of the Council’s Plenary. He took up the CCJE’s Chair on 1 January 2006 until January 2008.
Mr Sabato is a Court of Appeal Judge, serving as a judge in the Tribunal of Naples, Italy, where he mostly deals with civil and commercial litigation.
Prior to his election, Mr Sabato – having a graduate and post-graduate educational background in law (Italy) and political sciences (Italy), as well as holding a Master’s degree in Comparative Jurisprudence (U.S.A.) – spent several years working in the fields of international and European law, international judicial co-operation, organisation of judicial systems, alternative dispute resolution, and judicial ethics. Serving as a judge since 1991, he was a member the Scientific Committee at the Italian Higher Council for the Judiciary (1998-2001), responsible for judicial training at a national level; he was specifically in charge of training in international and European judicial co-operation in civil matters, and the setting up of judicial training programmes under the auspices of the European Union.
As an expert of the Council of Europe, Mr. Sabato has taken part in a number of missions and initiatives within programmes aimed at promoting reforms in the legal systems and human rights (Albania, Azerbaijan, Croatia, Russian Federation, etc.) as well as judicial and prosecutorial training (Lisbon Network).
Mr Sabato served as member of the CCJE and its Working Party since its very start in 2000, and was elected Vice Chair of the CCJE and Chair of its Working Party in November 2003.
A part-time professor in civil law and judicial systems in post-graduate programmes aimed at the preparation of judicial candidates in Italy, Mr Sabato published and lectured widely on various issues in civil, international and European law, procedural law, human rights, mediation and judicial ethics.
With the support of the European Union
Gerald MÄSCH (Germany)
Mr. Gerald Mäsch studied Law at the Universities of Geneva, Switzerland, and Passau, Germany, graduating second of his Passau class in 1990. He received his doctoral degree in 1992 (summa cum laude) and went on to work as Research Assistant and Lecturer at the University of Munich’s Institute for Comparative Law (founded by Ernst Rabel). From 2001 to 2002 he was Marie Curie Fellow at the Institute for European and Comparative Law, University of Oxford (Linacre College); in 2001 the Alexander von Humboldt Foundation sent him as a Visiting Research Fellow to the Institute of Global Law, University College London. In 2003, Gerald Mäsch earned his Habilitation at the University of Munich on the basis of a study on lost chances in the law of professional negligence and a paper on the private enforcement of competition law. Since 2004 he holds the Chair for Private Law, Commercial and Business Law, Private International Law and Comparative Law at Münster University’s Law
Faculty, co-ranked 1st in Germany in a 2012 Wirtschaftswoche survey. Since the same time Gerald Mäsch is
Director of the Institute for International Business Law at the University of Münster and Co-Director of Münster’s Centre for European Private Law (CEP); since 2006 Acting Director of Münster’s renowned law library. He has held Visiting Professorships in Ankara, Turkey (Bilkent University), Hamilton, New Zealand (Waikato University), London, UK (University College London), Bordeaux, France (Université Montesquieu – Bordeaux IV) and Niigata, Japan; he was Visiting Fellow in Basel, Switzerland (University of Basel).
He is an active member of the German Working Group on Competition Law (Arbeitskreis Kartellrecht), the founder and co-editor of a successful (German language) Commentary on the European and German Competition Law and has authored numerous articles in the field of Competition Law, Professional Negligence Law, Private International Law, Comparative Law, International Civil Procedure and International Insolvency Law. He is co-founder of the German Branch of the Association Henri Capitant des amis de la culture juridique française and member of the Société de legislation comparé.
From 1996 to 1998 Gerald Mäsch worked as attorney in private practice specialized in competition law, IT law, and distribution law. He still sits on the supervisory board of two German IT- and telecommunication companies. In 2003, he qualified through a successful examen d’aptitude à la profession d’avocat for the admittance to the Paris Bar; he serves since 2011 as the Deputy President of the Association Henri Capitant (German Branch). In 2006, Gerald Mäsch was appointed Judge with the Appellate Court Hamm, Germany, where he heard appeals mainly in the area of international transport law. He resigned at his own request in 2013.
He frequently contributes to vocational training seminars on competition and international business law. He has been involved in the conceptualization and the realization of the 2010 “Training Handbook European Law” by the European Judicial Training Network (EJTN), Radboud University Nijmegen’s TRAJECT project (Training Judges in European Competition Law) and ERA Academy of European Law’s project “Using EU Civil Justice Instruments: Development of training materials and organisation of test seminars”.
With the support of the European Union
Lecture/Workshop:
Statutory Framework of EU cross-border Tort Law (Tuesday, 22 September
2015, 10:00 – 11:15)
Round table discussion (Tuesday, 22 September 2015, 15:45 – 17:00)
Costanza HONORATI (Italy)
Ms. Costanza Honorati is a Professor of European Union Law in the Milano-Bicocca University, School of Law; D. Jur. cum laude 1988, Milan; PhD in International Law, Milan State University, 1993; Admitted to the Italian Bar, 1993; Professor of EU Private International Law Milano-Bicocca University School of Law; Professor of Legal Procedure in the EUCJ Milano-Bicocca University School of Law (2005-2012);
She was appointed to the Expert Group assisting the EU Commission on the Revision of Brussels II a Regulation (2015); was Head of the Post Graduate Program, Milano-Bicocca University, School of Law (2008-2013); Co-ordinator of the PhD Program in European Union Law, (2007-2009); Visiting Scholar, Yale Law School, New Haven, CA (USA), 2014; Visiting Professor Würzburg, Germany, 1997; Research Scholar Max-Planck-Institut Hamburg, Germany, 1993, 1991; PhD Degree in International Law, University of Milan, School of Law, 1993; Member of the Editorial Board of «Rivista di diritto internazionale privato e processuale» (Italian Review for PIL); Member of SIDI-ISIL (Italian Society for International Law); member of ILA (International Law Association); member of Associazione per gli scambi culturali tra giuristi italiani e tedeschi (German-Italian Lawyers Association); Speaker to conferences on international minor protection, name, family law, maintenance obligations, organized by national and foreign Universities (Aberdeen, London, Koln, Antwerp, Rijeka) independent bodies, National Judiciary School (SSM) and, eventually, by the EU Commission (jointly with Italian Central Authority) on the topic of International Abduction of Minors
Subjects: EU Law, Conflicts of Laws, Jurisdiction, International Family Law, Abduction of Children, International Intellectual Property Law. Author of The Law Applicable to Unfair Competition (in Italian, 1997); «The Law Applicable by the Unified Patent Court: Coordination of Sources of Law and the Relation between UPC Agreement and Regulation (UE) n. 1257/2012», in Luci e ombre del nuovo sistema UE di tutela brevettuale - The EU Patent Protection. Lights and Schades of the New System (a cura di Costanza Honorati), Milano, 2014, p. 119-152. (in Italian) Articles on «Judicial Decisions on Abduction of Minors and Fundamental Rights» (in Italian, 2013), «Provisional Measures and The Recast of Brussels I Regulation: A Missed Opportunity For A Better Ruling, (in English, 2012); «Recognition of Foreign Decisions in IP Matters» (in English, 2012); « Choice of Laws in Torts » (in Italian, 2012); «Free Circulation of Names in the EU?» (in English, 2009). Editor of The New Italian Private International Law Act (in Italian, 1997, 2002), The Hague Preliminary Convention on Jurisdiction and
With the support of the European Union
Judgments’ (in English 2005); The Right to Name and Personal Identity in the EU (in Italian, 2010); The EU Patent System. Shortcomings of the Patent with Unitary Effects (in Italian, 2013).
Lecture/Workshop:
Cross-border traffic accidents (Tuesday, 22 September 2015, 11:45 – 13:00)
Round table discussion (Tuesday, 22 September 2015, 15:45 – 17:00)
Jan-Jaap KUIPERS (The Netherlands)
Mr. Jan-Jaap Kuipers is an Associate at De Brauw Blackstone Westbroek in Amsterdam. Previously, he worked as an Assistant Professor of European Law at Radboud University Nijmegen. He studied EU Law at the University of Maastricht, and obtained his Ph.D. at the European University Institute in Florence with the dissertation The European Union and Private International Law (Martinus Nijhoff Publishers, 2012). He has published widely on EU and private international law issues, inter alia in the Revue Internationale de Droit Comparé, European Law Journal, Common Market Law Review and the Rabels Zeitschrift für ausländisches und internationales Privatrecht.
Lecture/Workshop:
Cross-border infringement of privacy rights and rights relating to
personality (Tuesday, 22 September 2015, 14:00 – 15:15)
Round table discussion (Tuesday, 22 September 2015, 15:45 – 17:00)
Carlos MARINHO (Portugal)
Mr. Carlos Manuel Gonçalves de Melo Marinho is a senior Expert in International Judicial Cooperation and E-Justice, judge of court of appeal, ex-Portuguese National Contact Point of the European Judicial Network in Civil and Commercial Matters, of the Ibero-American Judicial Network and of Judicial Network of the Portuguese Speaking Countries and international expert and speaker for the e-justice and the Judicial Cooperation and teacher of European Law in face-toface and virtual courses oriented to the training of European judges public prosecutors and other legal professionals.
With the support of the European Union
He has performed, among many other, the following activities:
1. Founder of the European Judicial Network in Civil and Commercial Matters and of the Ibero-American Judicial Network;
2. Creator of the first European Web page on judicial cooperation in civil and commercial matters and co-author of the idea of the creation of the European Judicial Atlas in Civil Matters;
3. Creator of the first European curricular training on European Judicial Cooperation in Civil and Commercial Matters for judges and prosecutors (in the Portuguese Judicial School);
4. Teacher in the first European virtual training on judicial cooperation in civil and commercial matters and in the first virtual judges' training initiatives of the European Judicial Training Network and of the European Law Academy (Trier);
5. Work in Judicial cooperation in Central and South America, leading working groups and writing theoretical and practical texts and articles in the context of the Ibero-American Judicial Summit and of the launching and activities of the Ibero-American Judicial Network;
6. Participation in European Commission, European Parliament, Council of Europe, Hague Conference on Private International Law, European Institute of Public Administration (EIPA), Academy of European Law (ERA), European Judicial Training Network and EuroMed events (among other institutions), as speaker;
7. Training of judges, namely in Portugal, Macedonia, Spain, Italy, France, Germany, Croatia, Serbia, Bosnia, Ukraine, Bulgaria, Austria, Slovenia, Morocco and Romania and, by virtual means, all over Europe;
8. Writing of the training program of the Macedonian Judicial Academy;
9. Member and president of international juries, namely of the EU Commission and Council of Europe's Crystal Scales of Justice contest and EJTN «Themis» contest;
10. Participation, as European expert, in the European Union Program entitled «Accountability and Effectiveness of Ukrainian Judicial Functioning: Civil Service Component»;
11. Elaboration of a study and an alternative proposal on a «Guideline for the Heads of the Ukrainian Courts»; 12. Missions as TAEIX expert in Zagreb, Belgrade and Sarajevo;
13. Missions as EUROMED expert in Rome, Prague, Marrakesh and Sofia;
14. Elaboration of studies asked by the European Parliament and presented through written texts and speeches, before it, under the titles «Use of IT in judicial systems: service of documents and taking of evidence electronically, electronic documentation and communication, video-conferencing, European procedures on line and the European ejustice portal» and «briefing note on the Proposal for a Regulation of the European Parliament and of the Council 2011/0130»;
With the support of the European Union
Lecture/Workshop:
Cross-border traffic accidents (Wednesday, 23 September 2015, 09:00 – 11:15)
Reports on the results of the workshops (Wednesday, 23 September 2015, 11:45 –
12:30)
Diana UNGUREANU (Romania)
Ms. Diana Ungureanu is a judge at Court of Appeal Pitesti, Romania. Currently she is seconding at National Institute of Magistracy as trainer for judges on commercial law and competition law. She is a PhD lecturer at Christian University Dimitrie Cantemir, Bucharest. She graduated as head of promotion the Law Faculty at Bucharest University and she has a PhD in international commercial law from Academy of Economic Sciences, Bucharest and an LLM in Public administration. She was deputy director of National Institute of Magistracy for 3 years. She is a regular speaker on cooperation in civil and commercial matters, insolvency, commercial law and EU competition law in national and international conferences and she attends many international events in this field. She is also author of few books and many articles in the same area.
Lecture/Workshop:
Infringement of personality rights (Wednesday, 23 September 2015, 9:00 – 11:15)
Reports on the results of the workshops (Wednesday, 23 September 2015, 11:45 –
