Brussels News October 2009
Brussels I Regulation 44/2001 Review – Update
Responses, including that by the Bar, to the Commission’s Green Paper on the review of the operation of the Brussels I Regulation (on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) can be seen, at
http://ec.europa.eu/justice_home/news/consulting_public/news_consulting_0002_en.htm. The House of Lords EU Committee’s July 2009 report can be seen at: http://www.publications.parliament.uk/pa/ld200809/ldselect/ldeucom/148/148.pdf
The European Parliament (EP’s) Legal Affairs Committee (“JURI”) is holding a hearing on the review on 5 October 2009 at which Alexander Layton QC has been invited to speak on behalf of the Bar.
The Council is aiming to issue conclusions as to what the Commission should be doing with the regulation at the October JHA Council.
Bi-Lateral Proposals – EU Competence - ROME I, II and Family
The two regulations recently 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, were both published in the official journal (OJ L200 of 31.07.09) and entered into force in August.
European Contract Law and the Commons Frame European Contract Law and the Common Frame Of Reference
The Swedish Council Presidency is hosting what could prove to be a timely and politically important conference on this subject on 22 October 2009, reviving the tradition started under the UK Presidency in late 2005. See http://www.se2009.eu/en/meetings_news/2009/10/22/a_common_frame_of_reference_for_european_contract_law
Settlement of Conflicts Of Exercise Of Jurisdiction In Criminal Proceedings
The 2009 proposal for a Framework Decision (Procedure reference 2009 0802/CNS) to resolve jurisdictional conflicts in criminal cases, limited in scope to situations where the same person(s) are subject to parallel proceedings in different Member States in respect of the same facts (which might infringe the ne bus in idem principle), looks set to be agreed upon by the EP and the Council in time to allow it to be adopted at the JHA Council meeting on 23 October 2009.
EU Consumer Rights Directive
In July, the House of Lords EU Committee adopted its Report on this October 2008 proposal. The Bar Council had given evidence to its preceding inquiry. For the report, see: http://www.publications.parliament.uk/pa/ld200809/ldselect/ldeucom/126/126i.pdf and for
the supporting evidence, see: http://www.publications.parliament.uk/pa/ld200809/ldselect/ldeucom/126/126ii.pdf
The report has been quite well received in Brussels, despite being rather critical of the current Commission proposal in places. It takes a similar line to the Bar Council on the fundamental issue of the level of harmonisation, urging that rather than apply maximum harmonisation across the board, the Commission should aim for what it terms “differentiated harmonisation”.
Competition – Handbook of EU Merger Control Rules
The Commission has produced a handbook of EU rules applicable to merger control, as at 14 July 2009. See: http://ec.europa.eu/competition/mergers/legislation/merger_compilation.pdf
Competition and Consumers in the 21st Century
The Commission is hosting the above-titled 1-day conference in Brussels on 21 October 2009. The draft agenda and details for registration etc are available at: http://ec.europa.eu/competition/consumers/events/2009/index.html
Unified Patent Litigation System – Developments
The EU institutions are engaged in strenuous efforts to create a Unified EU Patent Litigation system, and within that, to secure an Agreement on the European and Community Patents Court and Draft Statute. To that end, the Commission has produced a working document setting out draft rules of procedure, limited at this stage to procedural rules before the Court of First Instance. See: http://register.consilium.europa.eu/pdf/en/09/st11/st11813.en09.pdf
The relevant Council working group is to meet repeatedly in the coming weeks, under the enthusiastic watch of the Swedish Council Presidency, to try to reach agreement.
Late Payment in Commercial Transactions
Work is underway in the new Parliament to progress the Commission’s 2009 proposal for a directive to combat late payments in commercial transactions between businesses, or between businesses and public authorities. Once adopted, it will repeal and replace Directive 2000/35/EC which over time, has been found to be inadequate.
See: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0126:FIN:EN:PDF
Lecture on Law-Making in Brussels
A date for your diary: Chalfen Memorial Lecture, 6 November 2009, 14h00 to 16h00 at the British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London, WC1B 5JP. Jonathan Faull, Director General of the European Commission's JLS Department is the guest speaker, and the event will be chaired by Stephen Walzer, Member of the UK Competition Commission. For further details, see www.biicl.org or Email: eventsregistration@biicl.org, Telephone: 020 7862 5151.
Codedecision and National Parliamentary Scrutiny
In preparation for attending the above lecture, and indeed in anticipation of developments were the Lisbon Treaty to be adopted, a perusal of the House of Lords EU Committee’s recent report of the above name would be most informative: http://www.publications.parliament.uk/pa/ld200809/ldselect/ldeucom/125/125.pdf
