Brussels News June 2009
Successful Visit of the Chairman of the Bar to Brussels
At the end of March, the Chairman of the Bar, Desmond Browne QC, accompanied by the Vice Chairman, Nicholas Green QC, the Chairman of the Bar’s European Committee, Michael Patchett-Joyce, and a small delegation from the Bar Council secretariat, attended a series of high-level meetings in Brussels. Highlights included detailed and productive meetings with Sir Kim Darroch, UK Permanent Representative to the EU; Meglena Kuneva, Commissioner for Consumer Protection; Jonathan Faull, Director General, DG Justice Liberty and Security; Baroness Ashton, EU Trade Commissioner, and Philip Lowe, Director General, DG Competition.
The Future Stockholm Programme
By the time of reading, the Commission should have issued its proposal on the contents of the Stockholm Programme, the 5 year Justice, Liberty and Security work programme, to run from 2010 to 2014, which the Council is due to adopt at the Summit marking the end of the Swedish Presidency in December 2009. The emphasis will be on consolidation, evaluation and improving procedures and training.
E-Justice – Timing Update
The Commission is aiming for the e-justice portal to be up and running by the end of 2009. Initially, it will provide only information and translation facilities – a gateway to national databases. In the longer run, the EU intends to use it for procedural steps too.
Brussels I Regulation Review
The Commission has formally issued its report on the operation of the Brussels I Regulation, 44/2001 on “jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”, together with a Green Paper setting out options for its review. The deadline for comments is 30 June 2009. The European Committee of the Bar Council is coordinating a Bar response. See: http://ec.europa.eu/justice_home/news/consulting_public/news_consulting_0002_en.htm
Forthcoming Proposal on Succession and Wills
By the time of reading, the long-awaited Commission proposal for an EU regulation on jurisdiction and applicable law in the field of succession and wills should either have been adopted by the Commission, or put on ice until the autumn. When it is adopted, the default applicable law will almost certainly be that of the habitual residence of the testator at the time of death, subject to the exception of his having expressly chosen the law of his country of origin if different. The Chancery Bar Association will comment on the proposal once adopted. For a detailed editorial, see: http://conflictoflaws.net/2008/guest-editorial-harris-on-reflectionson-the-proposed-eu-regulation-on-succession-and-wills/
Motor Insurance Under Rome II – Commission Consultation
The Commission has just completed an important consultation on the effects of the application of foreign law on claims arising from cross-border road traffic accidents, currently dealt with under Article 4 of EC regulation 864/2007 (applicable law in non-contractual matters, aka “Rome II”). The Bar Council responded. http://ec.europa.eu/internal_market/consultations/2009/crossborder-accidents_en.htm
European Contract and the Common Frame of Reference
In early 2009, DG Justice, Liberty and Security took over Commission competence for this file from DG SANCO (Consumer Protection). It intends to issue a Communication towards the end of this year, setting out its plans to convert the academic CFR into a toolbox for EU legislators. Meanwhile, the Czech Presidency is working on a set of Council Conclusions giving guidance to the Commission on the CFR for adoption at the June Summit. Sweden, which holds the
rotating EU Presidency for the second 6 months of this year, plans to host the traditional Presidency conference on CFR / Contract law in October.
Improving the Transparency of Debtors’ Assets
The replies to the Commission consultation on this subject are now available on the Commission’s website: http://ec.europa.eu/justice_home/news/consulting_public/news_consulting_public_en.htm. Meanwhile, the Legal Affairs Committee “JURI” of the EP adopted its own-initiative report on the file on 31 March, picking up on, inter alia, the Bar Council’s suggestion that consideration be given to the idea of introducing a form of Community provisional measure additional to those of national courts.
Authentic Acts
Despite the EP and French EU Presidency’s calls in late 2008 for rapid consideration of a legislative measure on the recognition and enforcement of authentic acts, the Commission has said that it will not issue a consultation before early 2010. When it does, the scope of the paper will likely extend to equivalent, non-notarial acts. That said, reference is made in the Brussels I review, so a watchful eye is on that.
Creation of an EU Criminal Justice Area
The EP is calling on the other institutions to create an EU criminal justice area. See: http://www.europarl.europa.eu/sides/getDoc.dotype=REPORT&reference=A6-2009-0262&language=EN
Application of Criminal Sanctions in Pursuit of Community Policies – Ship Source Pollution
In 2008 the Commission issued a proposal for a directive applying criminal sanctions to reinforce the already-existing administrative and other penalties that can be applied to polluters. The European Parliament has backed the proposal.
See: http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+REPORT+A6-2009-0080+0+DOC+PDF+V0//EN&language=EN
Competition – Private Damages in Antitrust Cases
Following on from its White Paper of this time last year, DG Competition has been working on a proposal for a directive on antitrust damages, covering the range of issues consulted on, including collective redress. The proposal was expected to be adopted in May, but it seems that its premature leak in draft form may have affected that. However, the political and substantive debate is already underway.
Competition – Report on the First 5 Years of Regulation 1/2003
The Commission has adopted a largely positive report on the first 5 years of operation of Regulation 1/2003, which overhauled the procedural rules supporting the application of the EU’s antitrust Articles 81 and 82 TEC. See: http://ec.europa.eu/competition/antitrust/legislation/report_regulation_1_2003_en.pdf
Company Law – Public Consultations
DG Internal Market of the Commission has conducted two important consultations:
(i) Harmonisation of Securities (holding and transaction) Law - in anticipation of legislative proposals to be issued towards the end of 2009.
http://ec.europa.eu/internal_market/financial-markets/securities-law/index_en.htm
(ii) Possible Statute for a European Foundation – the EU is considering creating this new legal form, and wants feedback on a feasibility study it commissioned on the subject. http://ec.europa.eu/internal_market/consultations/2009/foundation_en.htm
EU Consumer Rights Directive
The Bar has formally responded to both the UK Department for Business, Enterprise and Regulatory Reform (“BERR”) consultation on this 2008 proposal; and to the House of Lords EU Subcommittee G inquiry, covering similar ground.
ECJ Judgment on Maximum Harmonization Under The Unfair Commercial Practices Directive – ECJ Jointed Cases: 261/07 AND 299/07
The judgment reconfirms the Unfair Commercial Practices Directive 2005/29/EC as a maximum harmonisation directive, holding that Member States may not adopt measures that are more restrictive, even in order to ensure a higher level of consumer protection. http://curia.europa.eu/en/actu/communiques/cp09/aff/cp090031en.pdf
Intellectual Property: Extension of Copyright Term
The EP has supported the Commission’s 2008 proposal to extend copyright protection for performers and phonogram producers, from 50 to 70 years. See: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-0282
