If you are amused by subrogation of rights in the context of insurance contracts, you should be doubly amused by this week’s Refcomp v. Axa et al. (Judge Berger), which does subrogation in a cross-border conflict, focusing on art. 23 of the Brussels I Regulation. The result is that the jurisdiction clause in the original contract is not effective against a later successor in rights unless they have actually consented to it.
AG Jääskinen applied Pfleiderer to an Austrian competition law dispute, arguing that the would-be plaintiff in private damages action should have access to the full file regardless of whether any of the parties to the original administrative investigation consent under the principle of effectiveness. (The competition authority had refused.) The AG also considered whether it is OK that the rule for access to such documents is the same for EU competition law and national competition law disputes, but different from the rule for other kinds of national law disputes, arguing that the principle of equivalence is not violated here. Bundeswettbewerbsbehörde v. Donau Chemie et al. Cf. Eutopia Law Blog
AG Mengozzi approved, in general, of a Luxembourg rule that required residence in Luxembourg for financial aid for students, regardless of where they studied. He just left it to the Luxembourg court to decide on the ultimate question of proportionality. So it appears that after Dutch and Austrian cases, we have now finally found a system that is consistent with EU law, the key being that the Luxembourg rule does not require residence for more than a few months. Giersch et al. v. Luxembourg (DE, FR) Cf. Eutopia Law Blog