Brussels News August 2009
The Future Stockholm Programme on Justice, Liberty and Security
In June the Commission issued a Communication setting out what it would like to see the EU prioritise over the next 5 years across the breadth of activity in the Justice Liberty and Security fields. The European institutions will now debate the draft, leading to the definitive adoption of the work programme in Stockholm at the end of the Swedish Council Presidency in December. The Commission will follow this with an Action Plan in 2010, setting out detailed, prioritised, and timetabled plans to implement the programme.
The Communication reveals some potentially far-reaching and controversial ideas across the range of JLS activities, including in both the criminal and civil law fields.
Brussels I Regulation Review
The Bar has responded to the Commission’s consultation on the 5 year review of the operation of the Brussels I Regulation, 44/2001 on “jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”. This, and other Bar Council responses to EU consultations, are now available on the Bar Council’s website. The Bar sees this as an important opportunity for the EU not only to correct some of the anomalies that have arisen through certain ECJ judgments; but also to extend the reach of the regulation so as to create greater legal certainty for businesses and consumers alike.
Both the European Parliament and the Swedish Council Presidency will be advising the Commission on the way forward later this year. The House of Lords Sub-Committee E adopted its own report on the review in July.
Bi-Later Regulations EU Competence – Rome I, II and Family
Two regulations have recently been adopted establishing procedures for the negotiation, conclusion and variation of bi-lateral agreements between Member States and third countries, on respectively, applicable law in contractual and non-contractual obligations; and on jurisdiction, recognition and enforcement of judgments and decisions in family law areas.
Forthcoming Proposal on Succession and Wills
The long-awaited proposal for an EU regulation on jurisdiction and applicable law in the field of succession and wills is now expected to be adopted by the Commission in mid-October. The Spanish EU Presidency intends to treat it as a priority in early 2010.
European Contract Law and The Common Frame of Reference
In June, the Justice and Home Affairs Council adopted its third resolution on the CFR, consisting of guidelines for the use of the Commission in its development.
The House of Lords EU Sub-Committee E has also published a detailed but guarded report, with evidence, on the draft CFR and what is to be done with it.
Procedural Rights in Criminal Matters
The House of Lords EU sub-committee E has recently published a short updated report supporting renewed EU attempts to enshrine minimum defence rights, in order to balance existing measures such as the European Arrest Warrant. The report anticipates a new, narrower, Commission proposal later this year, which should be consistent with, but go beyond, the European Convention on Human Rights.
Evaluation of the Practical Application of the European Arrest Warrant
The June JHA Council adopted a report on certain aspects flowing from the recent evaluation of the operation of the European Arrest Warrant, and called for more work to be done with a view to updating the rules.
Liberal Professions – Ownership and Operation of Pharmacies
On 19 May the ECJ issued judgments in Case C-531/06 and in Joined Cases C-171/07 and C-172/07 holding that Italian and German legislation restricting the ownership and operation of pharmacies to pharmacists alone is justified by the objective of ensuring that the provision of medicinal products to the public is reliable and of good quality.
Competition – Damages in Antitrust Cases
As at the time of writing, the Commission had not yet committed itself to a date for the adoption of its much anticipated proposal for a directive on antitrust damages.
Competition – One Meeting May Constitute a Concerted Practice
In June the ECJ issued judgment in Case C-8/08, holding that there is a presumption of a causal connection between a concerted practice and the conduct of the undertaking on that market, even if the concerted action arises from just a single meeting between the participating undertakings. That presumption must be applied by the national court.
Consumer Collective Redress
The Commission followed its November 2008 Green Paper on a possible EU Consumer Collective redress system, with a hearing and further written consultation in the early part of this summer. It remains unclear whether, and if so how and when the Commission could take this forward to a legislative proposal.
Unfair Contract Terms in Consumer Contracts – Role of National Courts
In Case C-243/08 the ECJ held that in the area of consumer protection, national courts are not limited merely to ruling on the possible unfairness of a contractual term, but must also themselves examine that issue, where requisite legal and factual elements are available to them to do so.
IP – Towards a Unified Patent Litigation System?
In June, the Council formally asked the ECJ for a ruling on the compatibility with the EC Treaty of a possible future Agreement creating a Unified Patent Litigation System (“UPLS”). The incoming Swedish EU Presidency will support this.
International Standards for Statutory Audit of EU Companies?
The European Commission is consulting the public to determine whether International Standards on Auditing (ISAs) should be adopted in the EU. The deadline is 15 September 2009.
