Despite Companies Already Defending Themselves, EC Continues To Evaluate "the possibility for an EU company to appear in front of a U.S. court"

MARIA DOLORES CANTO MARTI, AS PERSONAL REPRESENTATIVE OF THE ESTATES OF DOLORES MARTI MERCADE AND FERNANDO CANTO BORY V. IBEROSTAR HOTELES Y APARTAMENTOS SL [1:20-cv-20078; Southern Florida District]

Zumpano Patricios P.A. (plaintiff)
Bird & Bird (defendant)
Holland & Knight (defendant)

Excerpt:

On March 30, 2021, Iberostar received a response from the European Commission, in which it emphasized that the Application “gives rise to unprecedented questions that require careful consideration.” This is because “Applications referring to the possibility for an EU company to appear in front of a U.S. court in the context of a legal action pursuant to Title III of the Cuban Liberty Democratic and Solidarity Act of 1996 are exceptional, hence they raise specific issues.”

The Commission also noted that, “the services of the Commission are in charge of assessing the complexities of this request and balancing the large array of interests at hand. These internal dialogues are dynamic and the assessment multifaceted. Naturally, this requires extensive research, appraisals as well as analyses, both legal and factual.” Further, because every decision the Commission takes may set a precedent for future cases, “These systemic implications also require careful consideration, going beyond the individual case under assessment.”

With regards to the authorization procedure, the Commission explained in its letter that, “a committee composed of representatives of the Member States assists the Commission in the assessment of authorisation demands. This consultation is subject to the comitology procedure for which representatives of the Member States examine the measures and must provide a formal opinion. The consultation of the 27 Member States calls for conscientious coordination and is an expression of the values that guide the European Union, even more so when questions of foreign policy and sovereignty are at stake.” All these elements, “account for the duration of the procedure.” The Commission nonetheless confirmed once again that, “Our services are active in pursuing the assessment and the mandatory consultations. All services are making their best efforts to move forward promptly.”

LINK To Defendant’s Status Report (4/15/21)
LINK To Previous Post (3/31/21)
LINK To Libertad Act Title III Lawsuit Statistics