European Private Law Monitoring Report n° 2
Unfair Commercial Practices (UCP), Common European Sales Law (CESL), Online Dispute Resolution (ODR), Alternative Dispute Resolution (ADR), Investor Protection, Collective Redress, Standardisation of Services, Commitment Decisions, Settlements, Private Rights of Action, Telecommunication, Energy.
Table of contents
EUROPEAN COURT OF JUSTICE
Case-law in private law matters from April – June 2013
Unfair terms in consumer contracts (Directive 93/13/EEC)
Unfair commercial practices (Directive 2005/29/EC)
Food safety and consumer information (Regulation (EC) No 178/2002)
Damages for competition law violations
Legal protection (Regulation (EC) No 44/2001)
EUROPEAN RESEARCH COUNCIL
Consultation on Horizons for Social Sciences and Humanities
Update on ERC calls for proposals 2014
EUROPEAN COMMISSION
DG Health and Consumers: European Consumer Summit
DG Health and Consumers: Call for proposals for the European Consumer Centres Network 2013
DG Health and Consumers: Consultation on Collective Redres
DG Health and Consumers: New Website on Consumer Credit
DG Health and Consumers: Unfair Commercial Practices website entitled ‘Is it fair?’
DG Health and Consumers: On Knowledge-enhancing Aspects of Consumer Empowerment 2012 – 2014
DG Health and Consumers: The Consumers Classroom
Masters Programme in Consumer Affairs
DG Health and Consumers: The European Consumers Centers Annual Report 2012
COUNCIL
Council Conclusions on the Commission Communication “Making the Internal Energy Market Work”
EUROPEAN PARLIAMENT
Parliamentary question: Problems faced by European health Insurance Card Holders abroad
Parliamentary question: Review of Regulation (EU) No 1025/2012 on European standardization
Parliamentary question: Standardisation in Energy Demand
AFCO: Plenary vote: decision on the composition of the European Parliament
IMCO: Draft report on the Internal Market for Services: State of Play and Next Steps
IMCO: Report on a new agenda for European consumer policy
IMCO: Procedure file for new agenda for European consumer policy
IMCO: Opinion on making the internal energy market work
IMCO Draft Agenda 19 June: Common European Sales Law
IMCO Draft Agenda 18 June: The Internal Market for Services: State of Play and Next Steps
IMCO: MEPs quiz Commissioner-designate on key consumer priorities
IMCO timetable: Common European Sales Law (updated timetable)
IMCO timetable: The Internal Market for Services – State of Play and Next Steps
IMCO workplan 2013: Proposal for a Regulation on a consumer programme 2014 – 2020
IMCO workplan 2013: Proposal for a Directive on Alternative Dispute Resolution for Consumer Disputes
JURI: Report on Improving Access to Justice: Legal aid in cross-border Civil and Commercial Disputes
EUROPEAN ECONOMIC AND SOCIAL COMMITTEE
The credit crunch and shrinking savings: how to break the vicious circle to kick-start recovery?
NEWSWIRES
EurActiv: EU seeks group lawsuit rules amid ‘litigation culture’ fears
EurActiv: MEP: EU countries must implement services rules
FT: EU watchdog probes ‘lax’ Luxembourg fund rules
FT: Esma probes Luxembourg regulators
Euronews: Don’t rip me off! (Unfair commercial practices)
Bloomberg: Price-Fixing Victims to Gain Power to Sue for Damages in EU Plan
European Voice: Commission launches plan for collective redress across the EU
European Voice: Conference EU Energy Roadmap – Power choices and pathways
OTHERS
COJEF: Final guidelines of the “Consumer Justice Enforcement Forum (CoJEF)” project
ECTA: Conference Single Market for Telecoms on 25 June 2013
BEUC: Memorandum for the Irish Presidency 2013
BEUC: Collective Redress factsheet
BEUC: Alternative Dispute Resolution factsheet
BEUC conference: Collective Switching – Helping Rebalance Energy Markets for Consumers
BEUC: Making the Internal Energy Market Work’
ELI Meeting about ELI – UNIDROIT joint project on Civil Procedure
ELI and the Jean Monnet Inter-University Centre of Excellence Opatija
ELI Conference and General Assembly 2013
EUROPEAN COURT OF JUSTICE
Case-law in private law matters from April – June 2013
Unfair terms in consumer contracts (Directive 93/13/EEC)
| Case-number | Parties | Subject-matter | |
| JUDGMENT OF THE COURT (First Chamber); 30 May 2013 | C‑488/11 | Dirk Frederik Asbeek Brusse, Katarina de Man Garabito/Jahani BV | The case deals with a residential tenancy agreement, containing in its standard terms a penalty clause. The Court of Justice clarified three principal points:1)A residential tenancy agreement concluded between a landlord acting on a commercial basis and a tenant acting on a non-commercial basis falls within the scope of Directive 93/13/EEC.2)Clarification by the Court of Justice of the obligation on the national court to determine, of its own motion, whether a term is unfair and to subsequently inform the parties to the dispute of that fact and to invite each of them to set out its views on that matter.3)In case of an unfair penalty clause, according to Art. 6 (1) Directive 93/13, the national court may not reduce the amount of the penalty imposed on the consumer, but must exclude the application of that clause in its entirety with regard to the consumer. |
| JUDGMENT OF THE COURT (First Chamber); 30 May 2013 | C‑397/11 | Erika Jőrös/Aegon Magyarország Hitel Zrt. | The Court of Justice clarified the following regarding the examination by a national (appeal) court, of its own motion, as to whether a contractual term is unfair:If a national court in appeal proceedings has the power to examine any grounds for invalidity clearly apparent from the elements submitted at first instance and, if necessary, to redefine, depending on the facts determined, the legal basis relied upon to establish that the terms are invalid, it must assess, of its own motion or by redefining the legal basis of the application, whether those terms are unfair.If the national court has established that a contractual term is unfair, it is required, without waiting for the consumer to make an application in that regard, to draw all the consequences which, under national law, result from that finding in order to satisfy itself that that consumer is not bound by that term. This is also the case even though under the Hungarian internal procedural rules, actions seeking to establish the invalidity of unfair contract terms come within the jurisdiction of a separate judicial body. |
Pending cases
| Case-number | Parties | Subject-matter | |
| Request for a preliminary ruling from the Kúria (Hungary) lodged on 21 January 2013 | C-26/13 | Kásler Árpád, Káslerné Rábai Hajnalka/OTP Jelzálogbank Zrt. | In the light of a consumer credit contract, the case concerns a debt in respect of a loan which is denominated in a foreign currency but, in reality, is advanced in the national currency, and which is repayable by the consumer solely in national currency. The questions relate to whether the contractual clause concerning the rate of exchange of the currency falls wihtin the scope of Article 4 (2) Directive 93/13/EEC . Moreover, it is questionable whether the national court may modify the content of that term if the contract cannot be performed on the basis of the remaining contractual clauses. |
| Request for a preliminary ruling from the Krajský súd v Prešove (Slovakia) lodged on 23 January 2013 | C-34/13 | Monika Kušionová/SMART Capital, a.s. | Compliance of Slovakian law, which enables a creditor to enforce the fulfilment of unfair contract terms by enforcing a lien against a consumer’s immovable property without an assessment of the contract terms by a court, despite there being a dispute regarding the issue as to whether a contract term is unfair, with Directive 93/13/EEC, Directive 2005/29/EC and Article 38 of the Charter of Fundamental Rights of the European Union. |
| Request for a preliminary ruling from the Tribunal d’instance de Quimper (France) lodged on 14 February 2013 | C-77/13 | CA Consumer Finance/Francine Crouan, née Weber, Tual Crouan | Compliance of national law which validates terms that unilaterally vary the rate of interest in credit agreements (if consistent with the wording established by legislation and if the lender satisfied the statutory information requirements) with Directive 93/13/EEC. |
| Request for a preliminary ruling from the Juzgado de Primera Instancia No 17 de Palma de Mallorca (Spain) lodged on 11 March 2013 | C-116/13 | Banco de Valencia SA/Joaquin Valldeperas Tortosa, María Ángeles Miret Jaume | Compliance of the Spanish mortgage enforcement process with Article 7 of Directive 93/13/EEC and the scope of the national court’s intervention. |
| Request for a preliminary ruling from the Tribunalul Specializat Cluj (Romania) lodged on 20 March 2013 | C-143/13 | Bogdan Matei, Ioana Ofelia Matei/SC Volksbank România SA | Interpretation of the concepts of ‘subject-matter’ and/or of ‘price’ referred to in Article 4(2) of Directive 93/13/EEC in relation to a credit agreement secured by a mortgage. |
Unfair commercial practices (Directive 2005/29/EC)
| Case-number | Parties | Subject-matter | |
| OPINION OF ADVOCATE GENERAL WAHL delivered on 13 June 2013 | C‑435/11 | CHS Tour Services GmbH/Team4 Travel GmbH | The issue is whether the fact that a trader has complied with the duty of professional diligence under Article 5(2)(a) of the Directive is of significance in the presence of misleading (or aggressive) commercial practices. Consequently, the question at stake is whether a commercial practice, which falls within the scope of Article 5(4) of that Directive is per se unfair or whether the criteria under Article 5(2)(a) and/or Article 5(2)(b) have to be fulfilled as well.According to AG Kokott, it is of no relevance whether the criteria under Article 5(2)(a) and/or Article 5(2)(b) are also fulfilled. |
Food safety and consumer information (Regulation (EC) No 178/2002)
| Case-number | Parties | Subject-matter | |
| JUDGMENT OF THE COURT (Fourth Chamber); 11 April 2013 | C‑636/11 | Karl Berger/Freistaat Bayern | Article 10 of Regulation (EC) No 178/2002 does not preclude national legislation allowing information to be issued to the public mentioning the name of a food and the name or trade name of the food manufacturer, processor or distributor, in a case where that food, though not injurious to health, is unfit for human consumption.The second subparagraph of Article 17(2) of that regulation allows the national authorities to issue such information to the public in accordance with the requirements of Article 7 of Regulation (EC) No 882/2004. |
Financial services
| Case-number | Parties | Subject-matter | |
| JUDGMENT OF THE COURT (Fourth Chamber); 30 May 2013 | C‑604/11 | Genil 48 SL, Comercial Hostelera de Grandes Vinos SL/Bankinter SA, Banco Bilbao Vizcaya Argentaria SA | The case deals with the conduct of business obligations when providing investment services to clients under Directive 2004/39/EC. The Court of Justice clarified the following points:1)According to Article 19(9) of Directive 2004/39/EC, an investment service is offered as part of a financial product when it forms an integral part thereof at the time when that financial product is offered to the client. The provisions of European Union legislation and the common European standards must enable there to be a risk assessment of clients and/or include information requirements, which also encompass the investment, in order for that service no longer to be subject to the obligations laid down in Article 19.2)Under certain conditions, Article 4(1)(4) of Directive 2004/39 must be interpreted as meaning that the offering of a swap agreement to a client in order to cover the risk of variation of interest rates on a financial product constitutes investment advice.3)It is left to the national legal systems to determine the contractual consequences where an investment firm fails to comply with the assessment requirements laid down in Article 19(4) and (5) of Directive 2004/39, subject to the principles of equivalence and effectiveness. |
Pending cases
| Case-number | Parties | Subject-matter | |
| Request for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main (Germany) lodged on 20 March 2013 | C-140/13 | Annett Altmann and Others/Bundesanstalt für Finanzdienstleistungsaufsicht | The request for a preliminary ruling deals with the question whether the European mandatory obligations of secrecy which are incumbent on the national authorities responsible for supervising financial services undertakings could be breached under certain circumstances (relevant EU legislation: Directive 2004/109/EC, Directive 2006/48/EC and Directive 2009/65/EC). |
Damages for competition law violations
Pending cases
| Case-number | Parties | Subject-matter | |
| Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 3 December 2012 | C-557/12 | KONE AG, Otis GmbH, Schindler Aufzüge und Fahrtreppen GmbH, Schindler Liegenschaftsverwaltung GmbH, ThyssenKrupp Aufzüge GmbH/ÖBB-Infrastruktur AG | The reference deals with the question whether Article 101 TFEU allows any person to claim from members of a cartel damages also for the loss which was caused by a person not party to the cartel who, benefiting from the protection of the increased market prices, raises his own prices for his products more than he would have done without the cartel (umbrella pricing). |
Legal protection (Regulation (EC) No 44/2001)
| Case-number | Parties | Subject-matter | |
| JUDGMENT OF THE COURT (First Chamber); 16 May 2013 | C‑228/11 | Melzer/MF Global UK Ltd | The Court of Justice held that Article 5(3) of Regulation (EC) No 44/2001 does not allow the courts of the place where a harmful event occurred which is imputed to one of the presumed perpetrators of damage, who is not a party to the dispute, to take jurisdiction over another presumed perpetrator of that damage who has not acted within the jurisdiction of the court seised. |
| OPINION OF ADVOCATE GENERAL WAHL delivered on 16 May 2013 | C‑157/12 | Salzgitter Mannesmann Handel GmbH/SC Laminorul SA | The Bundesgerichtshof asked whether Article 34(4) of Regulation No 44/2001 also covers cases of irreconcilable judgments given in the same Member State (State of origin). Consequently, the case essentially deals with the question whether a court from one Member State must decline to enforce a judgment given in another Member State if it conflicts with a judicial decision from the latter Member State.AG Wahl proposes that Article 34(4) of Council Regulation (EC) No 44/2001 does not include the refusal to issue, or the revocation of a declaration of enforceability in respect of a judgment from another Member State which is irreconcilable with an earlier judgment, involving the same cause of action and between the same parties, given in the same Member State as the judgment in respect of which a declaration of enforceability is sought. |
EUROPEAN RESEARCH COUNCIL
Consultation on Horizons for Social Sciences and Humanities
http://horizons.mruni.eu/consultation-2/
Update on ERC calls for proposals 2014
http://erc.europa.eu/update-erc-calls-proposals-2014
EUROPEAN COMMISSION
DG Health and Consumers: European Consumer Summit
http://www.european-consumer-summit.eu/presentations.html
DG Health and Consumers: Call for proposals for the European Consumer Centres Network 2013
http://ec.europa.eu/eahc/consumers/proposals_2013_cons_07.html
DG Health and Consumers: Call for proposals for Joint Actions between national authorities responsible for the enforcement of consumer protection laws (CPC)
http://ec.europa.eu/eahc/consumers/proposals_2013_cons_01.html
DG Health and Consumers: Call for tender n° EAHC/2013/CP/02: Framework contract for capacity building actions for consumer organisations
http://ec.europa.eu/eahc/consumers/tenders_2013_cons_02.html
Commission recommends Member States to have collective redress mechanisms in place to ensure effective access to justice
http://europa.eu/rapid/press-release_IP-13-524_en.htm
Frequently Asked Questions: European Commission recommends collective redress principles to Member States
http://europa.eu/rapid/press-release_MEMO-13-530_en.htm
DG Health and Consumers: Consultation on Collective Redres
http://ec.europa.eu/consumers/redress_cons/collective_redress_en.htm
DG Health and Consumers: New Website on Consumer Credit
http://ec.europa.eu/consumers/citizen/my_rights/consumer-credit/index_en.htm
DG Health and Consumers: Commissioner Borg delivers speech at the launch of the Consumer Credit Information Campaign in Malta
http://ec.europa.eu/commission_2010-2014/borg/docs/speech_31052013_consumer_credit.pdf
DG Heath and Consumers: Commissioner Borg delivers a speech on stronger enforcement of consumer protection rules across the European Union
http://ec.europa.eu/commission_2010-2014/borg/docs/speech_24052013_en.pdf
DG Health and Consumers: Commissioner Borg delivers his opening address at the launch of the EU consumer credit information campaign
http://ec.europa.eu/commission_2010-2014/borg/docs/speech_24052013_consumer_credit_en.pdf
DG Health and Consumers: Commissioner Borg delivers a speech on Alternative Dispute Resolution and Online Dispute Resolution
http://ec.europa.eu/commission_2010-2014/borg/docs/speech_23052013_adr_en.pdf
DG Health and Consumers: Commissioner Borg addresses BEUC – The European Consumers’ Organisation – on the occasion of its General Assembly
http://ec.europa.eu/commission_2010-2014/borg/docs/speech_16052013_en.pdf
DG Heath and Consumers: Commissioner Borg delivers speech at the Internal Market and Consumer Protection Committee of the European Parliament
http://ec.europa.eu/commission_2010-2014/borg/docs/speech_24042013_en.pdf
DG Health and Consumers: Unfair Commercial Practices website entitled ‘Is it fair?’
DG Health and Consumers: Study on Mapping of Non-Profit Entities in the EU Providing General Financial Advice to Consumers
http://ec.europa.eu/consumers/rights/docs/mapping_nonprofit_entities_en.pdf
DG Health and Consumers: On Knowledge-enhancing Aspects of Consumer Empowerment 2012 – 2014
http://ec.europa.eu/consumers/strategy/docs/swd_document_2012_en.pdf
DG Health and Consumers: The Consumers Classroom
http://www.consumerclassroom.eu
Masters Programme in Consumer Affairs
DG Health and Consumers: The European Consumers Centers Annual Report 2012
http://ec.europa.eu/consumers/ecc/docs/report_ecc-net_2012_en.pdf
COUNCIL
Council Conclusions on the Commission Communication “Making the Internal Energy Market Work”
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/trans/137411.pdf
Transport, Telecommunications and Energy: Communication from the Commission on “Making the internal energy market work” Adoption of Council conclusions in the light of the European Council of 22nd May 2013
http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/trans/137382.pdf
Making the internal energy market work
The Council is due to adopt conclusions (9809/13) on the Commission communication “Making the internal energy market work”.
Building on the Commission communication (16202/12), which was adopted on 16 November 2012, these conclusions detail an approach designed to complete the internal energy market and achieve the 2014 and 2015 deadlines as well as to improve the rights and roles of consumers. In addition, they include guidelines on how to contribute to the transition to the internal energy market of the future. The implementation of these conclusions will be reviewed by the end of 2014.
The draft conclusions emphasise the significant contribution that the internal energy market will make to all three pillars of the EU’s energy policy – sustainability, competitiveness and security of supply – and to the EU’s jobs and growth agenda. The internal energy market will also contribute to the EU’s energy and climate targets, to the transition to a low-carbon economy, to the strengthening of the Union’s external energy policy and to the reduction of the Union’s external dependency.
The Commission communication reiterates the benefits of integrated European energy markets and sets out ways to ensure that the market fulfils its potential as soon as possible and satisfies the needs and expectations of EU citizens and businesses. It includes a proposal for an action plan to ensure the successful operation of the internal energy market. In its draft conclusions, the Council supports the broad thrust of this action plan and invites the Commission to proceed with the implementation of actions specified in these conclusions, reporting regularly to the Council bodies.
http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/trans/137384.pdf
Justice and Home Affairs: Proposal for a Regulation of the European Parliament and of the Council creating a European Account Preservation Order to facilitate cross border debt recovery in civil and commercial matters Orientation debate
http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/jha/137380.pdf
European Account Preservation Order
The Council will hold a public debate on the proposal for a regulation creating a European Account Preservation Order. The objective of the debate is to examine the key principles relating to the balance between the creditor’s and the debtor’s interests as set out in the document prepared by the Presidency and to endorse them as a package for the continuation of the work (10047/13).
The package of key principles addresses the following issues:
– the conditions for issuing a Preservation Order,
– the ex parte nature of the proceedings,
– the provision of security by the creditor,
– the liability of the creditor,
– the amounts exempt from preservation to protect the debtor, and
– the remedies to be made available to the parties, in particular to the debtor.
The aim of the proposed regulation (13260/11) is to facilitate cross-border debt recovery by creating a uniform European procedure leading to the issue of a European Account Preservation order (“Preservation Order”). This European procedure will be available to citizens and businesses as an alternative to national procedures, but will not replace national procedures. It will apply only to cross-border cases. By way of this new European procedure a creditor would be able to obtain a preservation order which would block funds held by the debtor in a bank account in a member state and thereby prevent the debtor from dissipating such funds with the aim of frustrating the creditor’s efforts to recover his debt. The Preservation Order would be available to the creditor in two situations: (1) before he obtains an enforceable title (that is, both before he initiates proceedings on the substance and during such proceedings) and (2) after he has obtained an enforceable title on the substance of the matter. The Council held an orientation debate on the proposed regulation at its meeting on 6 and 7 December 2012 and approved some general guidelines for the future work (16350/12). To strike the appropriate balance between the interests of the creditor and the interests of the debtor was one of the core issues in the abovementioned guidelines.
http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/jha/137379.pdf
EUROPEAN PARLIAMENT
Parliamentary question: Problems faced by European health Insurance Card Holders abroad
Parliamentary question: European standardisation of tourism services through Regulation (EU) No 1025/2012
Parliamentary question: Review of Regulation (EU) No 1025/2012 on European standardization
Parliamentary question: Standardisation in Energy Demand
AFCO: Plenary vote: decision on the composition of the European Parliament
IMCO: Draft report on the Internal Market for Services: State of Play and Next Steps
“…Notes that the diversity of national standards is causing fragmentation; encourages the development of voluntary European standards for services to improve cross-border comparability…” (page 6)
“…Services’ untapped potential for growth and jobs
The services sector accounts for more than 65% of EU GDP and is a dynamic, modern and future-oriented part of the European economy. Diverse ways of providing services are constantly emerging, driven by innovation. Digital and mobile services are changing the way the economy operates. Goods and services are increasingly sold together as packages. We are also witnessing a growing “servicification” and a stronger inter-connection between services and manufacturing (e.g. after-sales services, ICT services…). For all these reasons, a better functioning internal market for services is a building block for a more competitive European economy as a whole.
Since 2006, the Services Directive has been and continues to be an important engine for structural reform in the European services sector. According to the Commission, those Member States that have carried out reforms to open up their market for services have reaped significant benefits. Yet, three years after the transposition deadline, the Directive is still not fully and correctly applied in all Member States. There is ample evidence of how the accumulation of bureaucracy and barriers is putting a brake on growth and depriving citizens of jobs, while discriminatory practices undermine consumers’ confidence in the single market.
There is also a Services Directive fatigue at political and administrative level, as the high expectations have not yet been met. The Services Directive’s potential was not overestimated, but rather some Member States’ political will to carry out the necessary reforms has been insufficient. With rising unemployment, it is imperative not to diminish our ambitions. At a time where there is a call to complement austerity with growth policies but we cannot spend ourselves out of crisis with taxpayers money, the internal market for services is one of the few areas where we can generate growth without increasing public debt. The Commission’s study on the economic impact of the Services Directive has clearly shown that if Member States were to take a bolder approach to implementing it, the total economic gain could be more than three times of what has been achieved, about 2.6% of GDP…” (page 8)
IMCO: Report on a new agenda for European consumer policy
IMCO: Procedure file for new agenda for European consumer policy
http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2012/2133(INI)&l=EN
IMCO: Opinion on making the internal energy market work
IMCO: Protecting businesses against misleading marketing practices and ensuring effective enforcement
IMCO Draft Agenda 19 June: Common European Sales Law
IMCO Draft Agenda 18 June: The Internal Market for Services: State of Play and Next Steps
IMCO: MEPs quiz Commissioner-designate on key consumer priorities
IMCO timetable: Common European Sales Law (updated timetable)
Common European Sales Law (updated timetable)
| Timetable | Up-date | |
| Exchange of views | 12 April | 12 April 2012 |
| Presentation of Impact Assessment | 31 May | 31 May |
| JURI workshop on remedies (shared competence) | 19 June | 19 June |
| IMCO hearing | 24 September 2012 | 24 September |
| Joint event with national parliaments | 27 November 2012 | 27 November |
| Meeting between the Co- Rapporteurs | — | 19 December 2012 |
| Presentation of results of IA study (JURI meeting) | — | 22 January 2013 |
| Presentation of draft report in JURI | — | 20-21 February 2013 |
| Deadline to send the draft opinion to translation | January 2013 (tbc) | 20 February 2013 |
| Presentation of results of IA study in IMCO | 20-21 February 2013 | |
| Consideration of draft IMCO opinion | tbc | 20-21 March 2013 |
| Deadline for amendments | tbc | 23 April 2013 @ 12.00 |
| Consideration of amendments | tbc | 29-30 May 2013 |
| Consideration of CA | tbc | 17-18 June 2013 |
| Second joint event with national parliaments (planned by JURI) | — | 10 July 2013 |
| Vote in IMCO | tbc | 08-09 July 2013 |
| Vote in JURI | tbc | 17 September 2013 |
| Plenary | tbc | tbc |
IMCO timetable: The Internal Market for Services – State of Play and Next Steps
The Internal Market for Services: State of Play and Next Steps
| Exchange of views – Commission presentation | 28/29 November 2012 |
| Hearing / Workshop | 20/21 February 2013 |
| Deadline to send the draft report to translation | 15 March 2013 |
| Consideration of the draft report in IMCO | 24/25 April 2013 |
| Deadline for amendments | 7 May 2013 at 12h00 |
| Consideration of amendments | 29/30 May 2013 |
| Consideration of compromise amendments | 17/18 June 2013 |
| Vote in IMCO | 8/9 July 2013 |
| Vote in Plenary | September 2013 (tbc) |
IMCO workplan 2013: Proposal for a Regulation on a consumer programme 2014 – 2020
Proposal for a Regulation on a consumer programme 2014 – 2020, COM(2011)707 (Rapporteur: Robert Rochefort)
The aim of the Consumer Programme is to contribute to protecting the health, safety and economic interests of consumers, as well as to promote their right to information, education and to organise themselves in order to safeguard their interests. The Programme will complement, support and monitor the policies of Member States. The report was adopted by the IMCO Committee on 21 June 2012 with a view to continue trialogue negotiations.
IMCO workplan 2013: Proposal for a Directive on Alternative Dispute Resolution for Consumer Disputes
The proposed Directive on Alternative Dispute Resolution for Consumers aims to ensure that quality out-of-court entities exist to deal with any contractual dispute between a consumer and a business. Consumers will be able to submit their consumer contractual disputes to an ADR, wherever they shop in the EU (i.e. whether in their home country or in another EU country), whatever they buy, and however they buy it (online or offline). Quality ADR entities will become available for all consumer contractual disputes across the EU. Consumers will receive complete information about the ADR competent to deal with their contractual dispute in all relevant documents. The report was adopted on 10 July 2012 and the vote on the outcome of trialogue negotiations took place on 18 December 2012.
IMCO workplan 2013: Proposal for a Regulation on Online Dispute Resolution for Consumer Dispute
Proposal for a Regulation on online dispute resolution for consumer disputes, COM(2011)794 (Rapporteur: Roza Thun und Hohenstein)
The Regulation on Online Dispute Resolution (‘ODR Regulation’) aims to create a single EU-wide online platform for online shoppers buying from another EU country and traders to resolve their contractual disputes online. Online shoppers buying from other EU countries as well as traders selling abroad within the EU will be able to resolve their contractual disputes directly online thanks to a single EU-wide online dispute resolution platform (‘ODR platform’). This single point of entry will be a user-friendly interactive website, accessible in all official languages of the EU and free of charge. The report was adopted on 10 July 2012. The report was adopted on 10 July 2012 and the vote on the outcome of trialogue negotiations took place on 18 December 2012.
IMCO: High level meeting – enforcement of economic rights of the consumer in the internal market (video Malcolm Harbour)
JURI: Report on Improving Access to Justice: Legal aid in cross-border Civil and Commercial Disputes
EUROPEAN ECONOMIC AND SOCIAL COMMITTEE
The credit crunch and shrinking savings: how to break the vicious circle to kick-start recovery?
http://europa.eu/rapid/press-release_CES-13-44_en.htm
NEWSWIRES
EurActiv: EU seeks group lawsuit rules amid ‘litigation culture’ fears
http://www.euractiv.com/health/eu-seeks-group-lawsuit-rules-ami-news-528486
EurActiv: MEP: EU countries must implement services rules
http://www.euractiv.com/consumers/eu-countries-failure-carry-eu-se-interview-518158
FT: EU watchdog probes ‘lax’ Luxembourg fund rules
http://www.ft.com/intl/cms/s/0/677f00ac-c7b1-11e2-9c52-00144feab7de.html#axzz2VvJhmOGf
FT: Esma probes Luxembourg regulators
http://www.ft.com/intl/cms/s/0/a1f3cda0-c78c-11e2-9c52-00144feab7de.html#axzz2VvJhmOGf
Euronews: Don’t rip me off! (Unfair commercial practices)
http://www.euronews.com/2013/03/18/stepping-up-the-fight-against-unfair-commercial-practices
Bloomberg: Price-Fixing Victims to Gain Power to Sue for Damages in EU Plan
European Voice: Commission launches plan for collective redress across the EU
European Voice: Conference EU Energy Roadmap – Power choices and pathways
http://www.europeanvoice.com/page/european-voice-future-events/401.aspx
20 June 2012 – 6:30pm (registration from 6pm) Representation of North-Rhine Westphalia to the EU, Brussels
With: Philip Lowe, director-general for energy, European Commission Claude Turmes MEP, Greens/EFA co-ordinator on energy issues, European parliament Jason Anderson, head of European energy and climate policy, WWF Ulrik Stridbaek, head of group regulatory affairs, DONG energy
Conclusions by Dick Benschop, president-director, Shell Netherlands / vice-president gas market development, Shell international
Moderated by Simon Taylor, assistant editor, European Voice
OTHERS
COJEF: Final guidelines of the “Consumer Justice Enforcement Forum (CoJEF)” project
http://www.cojef-project.eu/CoJEF-Guidelines
ECTA: Conference Single Market for Telecoms on 25 June 2013
http://www.ectaportal.com/singlemarket2013/
BEUC: Victims of breast implants scandal fight for compensation – Need for EU to better protect with Collective Redress
BEUC: Memorandum for the Irish Presidency 2013
BEUC: Collective Redress factsheet
BEUC: Alternative Dispute Resolution factsheet
BEUC conference: Collective Switching – Helping Rebalance Energy Markets for Consumers
http://www.beuc.eu/BeucPortalDev/Objects/2/Files/switching_invitation.pdf
BEUC: Joint call by consumers’ organisations and e-commerce businesses to reject the Commission’s proposal for a Common European Sales Law regulation
BEUC: Making the Internal Energy Market Work’
BEUC: European Small Claims
ELI Meeting about ELI – UNIDROIT joint project on Civil Procedure
http://www.europeanlawinstitute.eu//news-events/news-contd/article/eli-and-unidroit-cooperation-develops/?tx_ttnews%5BbackPid%5D=127614&cHash=dc57ece80833ade6f4515bef49239b6f (password protected)
On 23 May, ELI representatives John Sorabji, Matthias Storme, Remo Caponi and Christiane Wendehorst attended a meeting in Rome kindly hosted by UNIDROIT.
The meeting focused on the development of a joint project between the ELI and UNIDROIT in cooperation with the American Law Institute (ALI) on the topic of European Civil Procedure.
This meeting enabled various parties of this joint venture to dicuss the scope and aims of the project, ahead of a workshop to be held on 18-19 October where ALI representatives will also be present.
The productive meeting resulted in a draft agenda for October‘s workshop. It is hoped that the two day event, which will feature a public conference and an expert seminar, will see plans and targets officially established.
The seminar on 19 October will only be open to those invited, but any ELI Fellows who are interested in this field should register their interest with the Secretariat, who will pass this information on to the organisers.
ELI and the Jean Monnet Inter-University Centre of Excellence Opatija
The ELI took part in the international conference “Legal Culture in Transition: New Europe – Old Values? Reform and Perseverance” organised by the Jean Monnet Inter-University Centre of Excellence Opatija, the Hanns Seidel Stiftung and the City of Opatija, which was held on 10 and 11 May 2013 in Opatija, Croatia.
The conference was divided into two sessions: “Constitutional values, the principle of non-discrimination and human rights and the Europeanization of Law” and “Internal Market and Economy”. Several ELI members were amongst the speakers, namely professor Norbert Reich, University of Bremen, professor Tatjana Josipović, University of Zagreb and professor Hana Horak, University of Zagreb.
One of the highlights of the conference was the welcome address by the president of the Republic of Croatia, professor Ivo Josipović, who addressed the challenges the Republic of Croatia faced and will face when becoming a member state of the European Union in July 2013.
ELI’s attendance at the conference was aimed at initiating cooperation with the Jean Monnet Inter-University Centre of Excellence Opatija, chaired by professor Nada Bodiroga-Vukobrat from the University of Rijeka, as well as raising awareness of ELI and ELI’s work amongst academics and practitioners from SEE countries.
ELI Conference: Common European Sales Law Meets Reality, 14-15 June, Halle, Germany
http://www.europeanlawinstitute.eu/fileadmin/user_upload/p_eli/News_page/2013_Halle_Conference.pdf
On 14 and 15 June this year a conference will take place at the Martin Luther University in Halle, Germany to hold a European debate on the Commission’s proposal for a Common European Sales Law (CESL). The conference will focus on the practical impact which the proposal is expected to have.
The ELI’s ongoing work on the CESL will be presented by Christiane Wendehorst, member of the Working Group on the CESL Statement. Several other Fellows and Council members of the ELI are among the many speakers: former Vice-President of the European Parliament Diana Wallis, Professor Paul Varul of the University of Tartu and former Advocate General Verica Trstenjak.
The programme will highlight four main areas: politics, society, the judiciary and academic education. The conference will start at 1:00 pm on Friday 14 June and finish around the same time on the next day.
Download the full conference programme. To register complete the registration form.
UKAEL Conference: Current Issues in the EU: Public Procurement; The Proposed European Sales Law; Actions for Damages in Competition Law
http://www.ukael.org/upcoming_events.html
ELI Conference and General Assembly 2013
http://www.europeanlawinstitute.eu/news-events/events/
http://www.europeanlawinstitute.eu/fileadmin/user_upload/p_eli/General_Assembly/2013_GA_Updated_Programme.pdf (draft programme)
The 2013 ELI General Assembly (including Projects Conference) will take place in Vienna’s City Hall (Rathaus) from 4 to 6 September. The event will be preceded by the launch of the ELI Austrian Hub in the afternoon of 4 September. The opening ceremony of the event, kindly hosted by the Rector of the University of Vienna and featuring an address by American Law Institute Director Lance Liebman, will take place in the evening of 4 September.
The Projects Conference on Thursday 5 September will focus on ongoing ELI projects, with panels on the ELI Statements on the Common European Sales Law, the European Foundation Statute and the joint project with ReNEUAL on the EU Administrative Procedural Law. The General Assembly on Friday 6 September will not only feature the Council elections and reports from the ELI’s standing committees, but will provide an opportunity for ELI Members to voice their opinions on any matters relating to the Institute and its work.
Alongside the meetings, a number of social functions will also be organised, giving participants the opportunity to get to know other ELI Members in a less formal setting, and a chance to enjoy Vienna’s varied cultural scene. On Thursday evening, a formal Conference Dinner will be held at the Kunsthistorisches Museum, within walking distance of the City Hall. At the museum, participants will have the chance to explore the galleries hosting the impressive Habsburg Art Collection. On Friday evening there will be a more casual get together at a traditional Viennese Heurigen (wine tavern).