Brussels News October 2007
Commission Urgently Seeking Independent Experts In JLS Field
The Commission has issued a call for expressions of interest to enable it to compile a database of independent experts to be called on to assist the Commission in the field of justice, freedom and security. Decisions will be taken in the coming weeks. The Bar Council will apply, but individual barristers should look at the website, and notify Evanna Fruithof in the Brussels office if they are interested in applying. See: http://ted.europa.eu/Exec;jsessionid=A2EA6CF05606A14E294A05511EDFE380.instance_2?DataFlow=ShowPage.dfl&Template=TED/
N_one_result_detail_curr.htm&docnumber=172522-2007&docId=172522-2007&StatLang=EN and http://ec.europa.eu/justice_home/funding/experts/funding_experts_en.htm
Green Paper On Future European Asylum System – Deadline Extended
On 6 June the Commission published a comprehensive Green Paper exploring ideas for the future Common European Asylum System ("CEAS"). The planned public hearing has been postponed to 7 November, in Brussels. See: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52007DC0301:EN:NOT
EU Counter-Terrorism Strategy
This autumn, the Commission will adopt a package of measures, including an EU Action Plan on the security of explosives, a proposal for an amendment of the Framework Decision on terrorism to deal with terrorist use of the internet, an EU Passengers Name Record (PNR) policy and a report on the evaluation of the implementation by the Member States of the Framework Decision on terrorism.
European Small Claims Procedure
The Council has adopted Regulation 861/2007 establishing a European Small Claims Procedure ("ESCP"), which aims to simplify, speed up and reduce the costs of cross-border litigation concerning claims valued at less than 2,000. The new procedure will apply from 1 January 2009. See: Official Journal of 31.07.2007, reference L199: http://eur-lex.europa.eu/LexUriServ/site/en/oj/2007/l_199/l_19920070731en00010022.pdf
Rome II – Regulation On The Law Applicable To Non-Contractual Obligations
The adopted text of this regulation was published in the Official Journal of the EU on 31 July 2007, reference L199/40. It lays down a uniform set of rules of law applicable to non-contractual obligations, irrespective of the country of the court in which an action is brought. The Regulation will apply from 11 January 2009 to events giving rise to damage which occurred after its entry into force. See: http://eurlex.europa.eu/LexUriServ/site/en/oj/2007/l_199/l_19920070731en00400049.pdf
Denmark Bound By Two More Civil Judicial Cooperation Measures
Denmark has recently agreed to be bound by two existing EU regulations, namely, regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and regulation 1348/2000 on the service of judicial and extrajudicial documents in civil or commercial matters.
Evaluation Of The European Arrest Warrant
The Commission has recently adopted its second evaluation report on the Framework Decision creating the EAW, and its implementation. See: http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/07/288&format=HTML&aged=0&language=EN&guiLanguage=en
European Contract Law
The Commission's long-awaited Second Progress Report on the Common Frame of Reference, COM(2007) 447 was published at the end of July, to mixed reaction. It attempts to summarise both work done and planned, but fails to provide much-needed clarifications on timing, division of responsibilities, and the scope of the project as now envisaged. See: http://ec.europa.eu/consumers/cons_int/safe_shop/fair_bus_pract/cont_law/COMM_PDF_COM_2007_0447_F_EN_ACTE.pdf
Commission Consultation On Possible European Private Company Statute
The Commission is consulting the public on the obstacles faced by companies when conducting cross-border business in the EU, and on the content of a possible European Private Company Statute, deadline for responses 31 October. The Bar will respond. See: http://ec.europa.eu/internal_market/company/epc/index_en.htm
Consultation On Simplification Of EU Rules On Company Law, Accounting And Auditing
The Commission has issued a Communication setting out measures intended to simplify the business environment for EU companies in the areas of company law, accounting and auditing, by removing or reducing a range of administrative requirements that are considered outdated or excessive. Comments are invited by mid-October 2007. See: http://ec.europa.eu/internal_market/company/simplification/index_en.htm
Commission Report On Motor Insurance Issues
The Commission has issued a report on the effectiveness of claims representatives in settling claims, and insurance cover for legal expenses. See: http://ec.europa.eu/internal_market/insurance/motor_en.htm#20051222
Industrial Property: Wider International Protection For Registered EU Design
The Commission has adopted two Regulations which pave the way for the EC to accede to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs. See: http://www.wipo.int/hague/en/ and http://ec.europa.eu/internalmarket/indprop/design/index_en.htm
