Brussels News June 2007
ECJ Judgment Upholding The Validity Of The European Arrest Warrant
Judgment of 3 May in Case C-303/05: Advocaten voor de Wereld VZW v. Leden van de Ministerraad. See: http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-303/05
Framework Decision On Combating Racism And Zenophobia: Agreement At Last?
A key achievement of the Justice and Home Affairs Council meeting in April was securing agreement among the Member States on the definitions of intentional conduct which will be punishable in all EU Member States once this controversial framework decision is adopted. See: http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/jha/93741.pdf
Mediation Directive – No Agreement Expected In Council For Now
Despite the European Parliament's recent adoption of its report on the Commission's 2004 proposal for a directive on mediation in civil and commercial matters, the German Presidency is not supporting the proposal in Council. It will be left to the more enthusiastic Portuguese Presidency will secure its adoption in the second half of this year. See: http://register.consilium.europa.eu/pdf/en/07/st08/st08117-re01.en07.pdf
Rome I - Law Applicable To Contractual Obligations
This December 2005 proposal for a regulation bringing the 1980 Rome Convention into the Community acquis continues to provoke controversy in both the Council and the Parliament. Business interests remain alarmed by the new principle that the law of the country where the consumer resides habitually will apply to the contract if the provider pursues his commercial activities in that country or directs his activities to that state (Article 5). One idea being explored currently is to revert to the Rome Convention model. See : http://www.europarl.europa.eu/meetdocs/2004_2009/organes/juri/juri_meetinglist.htm
Rome II –Law Applicable To Non-Contractual Obligations
By the time of reading, the Conciliation committee should have published an agreement whereby this regulation will be adopted with a detailed review clause requiring the Commission to conduct independent studies on road traffic accidents, defamation and the treatment of foreign law by national courts.
Family Law – Maintenance Obligations
The EP Legal Affairs committee draft opinion on this proposed regulation can be seen at: http://www.europarl.europa.eu/meetdocs/2004_2009/documents/pa/661/661040/661040en.pdf
Enhancing The Patent System In Europe
In early April the Commission issued a Communication (COM(2007)165 final) which draws on the results of its 2006 consultation on the future of patent policy in Europe. See: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52007DC0165:FR:NOT
Intellectual Property Rights – Strategy Due in 2008
In its April 2007 communication on patent policy, the Commission undertook to present a comprehensive IPR Strategy Communication by early 2008.
Enforcement Of Intellectual Property Rights
In late April, the European Parliament adopted its report on this proposed directive on the use of criminal measures for enforcing IP rights: http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P6-TA-2007-0145+0+DOC+XML+V0//EN&language=EN
European Contract Law
By the time of reading, the Commission should have published its second annual progress report on European Contract law, now long overdue. See generally: http://ec.europa.eu/consumers/cons_int/safe_shop/fair_bus_pract/cont_law/index_en.htm
Green Paper On The Review Of The Consumer Acquis
By the time of reading, the Bar will have submitted a detailed response to this March 2007 Green Paper: http://ec.europa.eu/consumers/cons_int/safe_shop/acquis/index_en.htm
Consumer Policy Strategy 2007 - 13
The Commission recently launched this ambitious Communication. One issue of particular interest to the legal profession is the focus on class action suits, a White Paper on which is due later this year. See: http://ec.europa.eu/consumers/overview/cons_policy/doc/EN_99.pdf
State Aid – Practice Guide
In mid-April, the Commission published a new vademecum on EC State Aid rules. http://ec.europa.eu/comm/competition/state_aid/studies_reports/vademecum_on_rules_2007_en.pdf
EU Competition Policy And The Consumer
The Commission has published a guide for consumers on EU Competition Policy. See: http://ec.europa.eu/comm/competition/consumers/index_en.html
Links To National Consumer Policy
The Commission has added to its consumer policy website a page providing links to consumer policy information in each of the EU Member States, including on enforcement and redress. See: http://ec.europa.eu/consumers/overview/countryprofiles_en.htm
Environment: Liability Directive – Implementation Deadline Passes
The deadline for implementation into the national law of the Member States of this cornerstone EU environmental directive passed on 30 April. Directive 2004/35/EC ensures that in future (it does not have retrospective effect) environmental damage in the EU will be prevented or remedied, and that those who cause it will be held responsible. See: http://europa.eu.int/comm/environment/liability/
Court Of Human Rights Judgment On Responsibility For Acts Of Lawyers In Legal Aid Cases
Cases: Staroszczyk v. Poland (59519/00) and Sialkowska v. Poland (8932/05).
