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Expedited settlement of commercial disputes : The Commission’s Response
A Legislative initiative procedure which started nearly a year ago, is coming now to the next level: The European Commission has recently stated its position on the European Parliament non-legislative resolution with recommendations to the Commission on expedited settlement of commercial disputes. The response is featured in a document titled ‘Follow-up to the European Parliament non-legislative resolution with recommendations to the Commission on expedited settlement of commercial disputes’. The main issues addressed may be summarized as follows:
Creation of a European Expedited Civil Procedure (EECP)
The Commission will take the resolution as further inspiration to analyse simplifications to cross-border litigation, but not necessarily by a specific European Expedited Civil Procedure.
Possible changes to the Rome I, the Rome II and the Brussels Ia Regulations
The Commission will, as appropriate, consider issues concerning choice of law agreements and choice of court agreements within the framework of the review of the relevant instruments (the Rome I and the Brussels Ia Regulations).
Other measures – building competence in commercial law in Member States
The Commission will continue to support training and research in commercial law and to facilitate access to information on foreign law in the framework of non-legislative actions, including financial programmes.
Other measures – analysing establishment of the European Commercial Court
At this stage, it does not seem appropriate to engage in preparatory action concerning the establishment of a European Commercial Court. However, the Commission will consider the question of the desirability of further studies in this field.
The full text of the doc. document is available here.
Once there, scroll down to Documentation gateway, and open the European Commission box.
Luxembourg Reports on European Procedural Law published
The two volumes of the Luxembourg Reports on European Procedural Law were published early this month. They are the fruits of an evaluation study of national procedural laws and practices in terms of their impact on the free circulation of judgments and on the equivalence and effectiveness of the procedural protection of consumers under EU consumer law.
The volumes present a comparative examination and empirical evaluation of national procedural rules and practices as regards mutual trust and the free circulation of judgments on the one hand, and consumer protection on the other, in light of relevant EU and national legislation and European Court of Justice and domestic case law.
The publication was edited by Burkhard Hess, Stephanie Law & Pietro Ortolani. The Report was prepared by a Consortium of European universities led by the MPI Luxembourg for Procedural Law as commissioned by the European Commission [JUST/2014/RCON/PR/CIVI/0082].
For more information, check here.
Closing soon: ELI Young Lawyers Award
The European Law Institute is calling for submissions for its 2019 ELI Young Lawyers Award. Candidates must be law students (undergraduate or postgraduate) at a European university. The call is for a unique and original paper which has not previously been published and which deals with a European legal issue that is ripe for reform. Papers must be submitted by April 30, 2019, 20:00 CET in any of the EU official languages along with an English translation. Further details can be found here.