Tag Archive for: CESL

JHA Council (7-8 June 2012): EU Regulation on Successions and Wills Adopted – General Approach on Brussels I Recast – CESL

The Justice and Home Affairs (JHA) Council of the EU, currently holding its meeting in Luxembourg (7-8 June), adopted today the successions regulation (Regulation on jurisdiction, applicable law, recognition and enforcement of decisions, acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European certificate of succession): see the Council’s note and RAPID press release. The final text can be found in doc. no. PE-CONS 14/12.

Denmark, Ireland and the United Kingdom do not participate in the regulation, pursuant to the special position they hold in respect of the Area of Freedom, Security and Justice, while Malta voted against the adoption, expressing concerns on the uncertainty that the new rules will create in the legal regime of international successions, vis-à-vis current Maltese law (see the Maltese statement in the Addendum to Council’s doc. no. 10569/1/12).

As pointed out in a previous post, an agreement had been reached by the Council and the Parliament in order to adopt the new instrument at first reading: a history of the legislative procedure, along with the key documents, is available on the OEIL and Prelex websites. Once the regulation is published in the OJ, the whole set of Council’s documents relating to the procedure, currently not available, will be disclosed. An interesting reading on the legislative history can also be found on the IPEX website, which gathers the opinions of national parliaments of the Member States on draft EU legislation.

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Two other PIL items are set on the agenda of the JHA meeting on Friday 8 June. The Council is expected to approve a general approach on the Brussels I recast (see the state of play in Council’s doc. no 10609/12 and the draft text set out in doc. no 10609/12 ADD 1), and to hold a debate on the orientation and the method to handle the further negotiations on the proposal for regulation on a Common European Sales Law (CESL). As regards the latter, here’s an excerpt from the background note of the meeting:

The first discussions on the [CESL] proposal have made it clear that this file entails divergences among member states. Several member states had therefore requested that a political debate at the level of the Council takes place before proceeding further with technical discussions.

To this end, the Presidency submits a discussion paper to the Council (10611/12) proposing that  ministers address questions related to the legal basis and the need for the proposal, its scope (focus  on sales contracts concluded on-line) and whether to start work on model contract terms and conditions.

Conference: “The Making of European Private Law: Why, How, What, Who” (Rome, 9-11 May 2012)

On 9-11 May 2012 the University of “Roma Tre” will host an international conference on the current issues and perspectives of European Private Law, organized by the Jean Monnet Centre of Excellence “Altiero Spinelli” (CEAS): “The Making of European Private Law: Why, How, What, Who”. Here’s the programme (available for download on the registration page):

Wednesday, 9 May 2012

(Venue: “Roma Tre” University – Aula Magna Rettorato, Via Ostiense 159)

Registration (16,00-16,30)

Opening session (16,30 – 16,45)

  • Guido Fabiani, Rector, “Roma Tre” University
  • Savino Mazzamuto, Secretary of State, Ministry of Justice, “Roma Tre” University

The Europeanisation of private law: problems and perspectives (16,45-18,30)

Chair: Antonio Tizzano, European Court of Justice


  • Ole Lando, Copenaghen Business School
  • Bénédicte Fauvarque-Cosson, “Panthéon-Assas” University (Paris II)
  • Guido Alpa, “Sapienza” University of Rome
  • Pietro Rescigno, “Sapienza” University of Rome

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Thursday, 10 May 2012

(Venue: “Roma Tre” University – Aula Magna Rettorato, Via Ostiense 159)

The ‘legal basis’ of European private law in the light of the EU constitutionali­sa­­tion (09,30 – 11,30)

Chair: Luigi Moccia, “Roma Tre” University


  • Mads Andenas, University of Oslo
  • Martijn Hesselink, University of Amsterdam
  • Hans Micklitz, European University Institute, Florence
  • Christiane Wendehorst, University of Vienna

The ‘instruments’ for implementing European private law (11,45 – 13,30)

Chair: Angelo Davì, “Sapienza” University of Rome


  • Hugh Beale, University of Warwick
  • Fabrizio Cafaggi, European University Institute, Florence
  • Reiner Schulze, University of Münster
  • Verica Trstenjak, European Court of Justice

The relationship between European private law and the international unification of private law (15,30 – 17,30)

Chair: Joachim Bonell, “Sapienza” University of Rome


  • Fernando Gomez, “Complutense” University of Madrid
  • Morten Fogt, Aarhus University
  • Sergio Marchisio, “Sapienza” University of Rome
  • Renaud Sorieul, UNCITRAL

European consumer law and its consolidation (17,45 – 19,30)

Chair: Diego Corapi, “Sapienza” University of Rome


  • Luc Grymbaum, “René Descartes” University (Paris V)
  • Hans Schulte-Nölke, University of Osnabruck
  • Simon Whittaker, Oxford University
  • Vincenzo Zeno-Zencovich, “Roma Tre” University

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Friday, 11 May 2012 

(Venue: Sala “Pio X”, Via Borgo S. Spirito 80)

European property law: issues and projects (09,30 – 11,30)

Chair: Adolfo Di Majo, “Roma Tre” University


  • Ulrich Drobnig, Max Planck Institute for Private Law, Hamburg
  • Brigitta Lurger, University of Graz
  • Sjef van Erp, University of Maastricht
  • Francesco Paolo Traisci, University of Molise, Campobasso

European contract law: issues and projects (11,45 – 13,30)

Chair: Guido Alpa, “Sapienza” University of Rome


  • Eric Clive, University of Edinburgh
  • Marco Loos, University of Amsterdam
  • Jerzy Pisulinski, University of Warsaw
  • Anna Veneziano, University of Teramo

Common European Sales Law: the Commission proposal and the role of stakeholders


  • Andrea Zoppini, Secretary of State, Ministry of Justice, University “Roma Tre”
  • Luigi Berlinguer, Member of the European Parliament
  • Mihaela Carpus-Carcea, European Commission, DG Justice


  • Ettore Battelli, “Roma Tre” University, Unioncamere stakeholder
  • Oreste Calliano, University of Torino, CEDIC director
  • Antonio Longo, Consumers’ representative, EESC member

Each session will be ended by discussion. Working language will be English (French allowed): no simultaneous translation will be provided. Conference works will be video-recorded and made available on CeAS website.