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• Author: International Law Group

EU amends manual for Regulation on service of judicial and extrajudicial documents

With Commission Decision 2002/350/EC, the EU Commission has amended the Manual of Receiving Agencies and a glossary of documents that may be served under Regulation 1348/2000 on the service of judicial and extrajudicial documents in "civil or commercial" matters. The changes to the manual and related procedures cover more than 800 pages.

Citation: 2002 O.J. of the European Communities (L 125) 1, 13 May 2002.

Japanese Supreme Court rejects citizen suit over U S. Air Force noise pollution

In April 1996, a group of persons who live near the Yokota U.S. Air Force Base in western Tokyo sued the U.S., asking for about 3.3 billion yen in damages plus a court order enjoining night and early morning flights by U.S. military aircraft. When the U. S. declined to respond to the suit, the Tokyo District Court dismissed the claims against it. The Court relied on a 1928 decision of its predecessor court, holding that Japanese jurisdiction does not attach if a foreign government does not respond to the suit. The Tokyo High Court affirmed in 1998. The High Court additionally relied upon the Japan-U. S. Status of Forces Agreement [T.I.A.S. 12693, April, 1996 (semble)] as providing that Japanese jurisdiction does not apply to the U.S. when someone sues it for damages over alleged wrongdoing by U.S. armed forces in Japan. On April 12, the Japanese Supreme Court dismissed plaintiffs' appeal. Although this was reportedly the first lawsuit of its kind, the Court did not hold oral hearings. It did suggest that customary international law exempts sovereign acts from civil jurisdiction although probably not private acts. In the Court's view, night flights by U.S. military planes...