European Private Law Monitoring Report n° 3
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 18 June – 17 September 2013
Unfair terms in consumer contracts (Directive 93/13/EEC)
Unfair commercial practices (Directive 2005/29/EC)
Misleading advertising (Directive 84/450/EEC)
Air passenger rights (Regulation No 261/2004)
Consumer credit agreements (Directive 2008/48/EC)
EUROPEAN RESEARCH COUNCIL
ERC Starting Grant results: 287 early-career top researchers supported with €400 Mio
ERC Starting Grant results: the list of principal investigators on social science and humanities
EUROPEAN COMMISSION
DG Competition: Commission accepts legally binding commitments from Penguin in e-books market
DG Competition: New rules on Payment Services for the benefit of consumers and retailers
DG Competition: Commission confirms unannounced inspections in Internet connectivity services
DG Energy: the Commission takes Poland to Court over regulated gas prices for business consumers
DG Health and Consumers: New EU Rules for safer cosmetics come into force
DG Health and Consumers: 15th meeting tobacco products regulatory committee
DG Internal Market and Services: Commission proposes major step forward for telecoms single market
DG Internal Market and Services: Commission adopts regulatory proposals for a Connected Continent
http://europa.eu/rapid/press-release_MEMO-13-779_en.htm
DG Justice: Consultation on a new European approach to business failure and insolvency
DG Justice: Commission fills legal gaps for unitary patent protection
http://europa.eu/rapid/press-release_IP-13-590_en.htm
European Parliament’s endorsement of the political agreement on Market Abuse Regulation
Regulatory mess hurting broadband investment: consumers and businesses stuck in slow lane
774% difference in phone call prices across the EU
Commission welcomes Dutch regulator’s proposal on fixed and mobile phone termination rates
Telecoms – Commission suspends Austrian regulator’s proposal on broadband wholesale pricing
Telecoms: Commission blocks Austrian proposals to regulate wholesale leased lines
Consumer Scoreboard: more action needed for a true single market for consumers
Speech by Neelie Kroes “A Telecoms Single Market: Building a Connected Continent”
Telecoms – Commission questions Spanish regulator’s price regulation of wholesale broadband access
COUNCIL
EUROPEAN PARLIAMENT
IMCO REPORT: Internal Market for Services – State of Play and Next Steps
IMCO OPINION: The Implementation Report on the regulatory framework for electronic communications
IMCO TIMETABLE: The Internal Market for Services: State of Play and Next Steps
IMCO TIMETABLE: Common European Sales Law (updated timetable)
IMCO TIMETABLE: Air passenger rights
IMCO TIMETABLE: Consumer product safety
IMCO TIMETABLE: Unfair commercial practices directive
ITRE PRESS RELEASES: Calling from abroad – mobile roaming fees must go by 2015, say MEPs
JURI PRESS RELEASES: Common European Sales Law backed by legal affairs MEPs
TRAN PRESS RELEASES: Strengthening air passengers’ rights while providing legal clarity to airlines
PLENARY PRESS RELEASES: MEPs call for end to roaming fees by 2015
PLENARY PRESS RELEASES: Green light for single supervisor for banks
PLENARY PRESS RELEASES: Tougher sanctions for financial markets manipulation
PLENARY PRESS RELEASES: Parliament sets out priorities for overhauling EU banks
PARLIAMENTARY QUESTIONS: Unfair commercial practices regarding the sale of medicines
PARLIAMENTARY QUESTIONS: Common European Sales Law
EUROPEAN ECONOMIC AND SOCIAL COMMITTEE
Consumers deserve a common food policy, argues EESC
NEWSWIRES
EurActiv: Proposed sales law is too confusing for consumers
EurActiv: Payment Services Directive: The new payments landscape
EurActiv: Brussels plans sweeping rules to complete single EU telecoms market
EurActiv: Bankers balk at EU proposals to enable account switching
Euronews: New EI passenger rights
Euronews: Let’s hope it’s a happy holiday
FT: Euroepan Utilities warn EU over energy risk
FT: EU regulators adopt measures to reform telecoms market
Bloomberg: Power Diverging Most Since 2010 Shows EU Split: Energy Markets
Bloomberg: Bonus Limit for Fund Managers Rejected in EU Parliament Vote (investor protection)
OTHERS
BEUC: Much remains to be done for consumers 5 years after Lehman scandal
BEUC: Will Europe’s telecoms market overhaul benefit consumers?
BEUC: No home run for home loans
BEUC: Payments in Europe: EU boosts consumer rights
BEUC: Europe’s online traders & consumers jointly reject EU contract law
BEUC: Consumers urge Commission against scale down on excessive card fees
BEUC: Review of the European System of Financial Supervision
ELI-UNIDROIT Project: From Transnational Principles to European Rules of Civil Procedure
ECN BRIEF: European Commission adopts Proposal on Antitrust Damages Actions
EUROPEAN COURT OF JUSTICE
Case-law in private law matters from 18 June – 17 September 2013
Unfair terms in consumer contracts (Directive 93/13/EEC)
AG Opinions
| Case-number | Parties | Subject-matter | |
| Opinion of AG Mengozzi; 5 September 2013 | C‑413/12 | Asociación de Consumidores Independientes de Castilla y León/Anuntis Segunda Mano SL | The case concerns a claim of the regional consumer organisation ACICL, having its seat in Salamanca, against Anuntis SL, having its seat in Barcelona, to have some of the latter’s general terms and conditions declared void because of their unfair nature. The consumer organization initiated an injunction. The Juzgado de PrimeraInstancia n° 4 y de lo Mercantil de Salamanca held that it has no jurisdiction to deal with the matter and that the court at the seat of the defendant would be competent. According to the Spanish rules, no appeal was possible against this decision.AG Mengozzi concluded that the Spanish rules of procedure comply with Directive 93/13. ACICL’s financial difficulties to pursue a claim in a different region are of no relevance since national rules of procedure are based on objective considerations. |
Pending cases
| Case-number | Parties | Subject-matter | |
| Request for a preliminary ruling from the OkresnýsúdBardejov (Slovakia), lodged on 26 March 2013 | C-153/13 | Pohotovost’, s.r.o. /JánSoroka | Compliance of national legislation with Directive 93/13 and Article 47 and Article 38 of the Charter of Fundamental Rights. The national rules do not allow a legal person whose purpose is the protection of consumers’ rights to intervene in court enforcement proceedings, to defend a consumer against whom enforcement proceedings are being brought for the recovery of a claim under a consumer contract, where that consumer is not represented by a lawyer. |
| Request for a preliminaryrulingfromtheJuzgado de PrimeraInstancia de Palma de Mallorca (Spain) lodged on 22 May 2013 | C-280/13 | Barclays Bank, S.A./Sara Sánchez García and Alejandro Chacón Barrera | Compliance of Spanish legislation on mortgages with Directive 93/13. The Spanish legislation provides that:- the mortgagee may request an increase of the security where the valuation of a mortgaged property decreases by 20%, but not that the consumer/debtor/party against whom enforcement is sought may request revision of the sum at which the property was valued, where that valuation has increased by an equal or higher percentage during the period between the creation of the mortgage and the enforcement thereof.
– the creditor seeking enforcement may be awarded the mortgaged property at 50% (now 60%) of the sum at which the property was valued, which entails an unjustified penalty for the consumer/debtor/party against whom enforcement is sought equivalent to 50% (now 40%) of that valuation.
– after being awarded the mortgaged property at 50% (now 60%) of the sum at which the property was valued, the creditor/party seeking enforcement applies for enforcement in respect of the outstanding amount in order to make up the total amount of the debt, despite the fact that the sum at which the property awarded was valued and/or the actual value of the property awarded is higher than the total amount owed. |
Unfair commercial practices (Directive 2005/29/EC)
Judgments
| Case-number | Parties | Subject-matter | |
| Judgment of the Court; 18 July 2013 | C‑265/12 | Citroën Belux NV/FederatievoorVerzekerings- en FinanciëleTussenpersonen (FvF) | At stake was an advertising campaign by Citroën, in which under the slogan ‘je veuxtous’ consumers were offered a ’6 months free comprehensive insurance’ when buying a car. The Belgian Federation of Insurance and Financial Agents challenged this campaign because the advertisement constituted a combined offer that was contrary to Belgian law on financial services. The Court of Justice of the European Union held that Directive 2005/29/EC and Article 56 of the Treaty on the Functioning of the EU must be interpreted ‘as not precluding a national provision, such as that at issue in the main proceedings, which lays down a general prohibition – save in the cases exhaustively listed by the national legislation – of combined offers made to consumers where at least one of the components of those offers is a financial service’. |
| Judgment of the Court;19 September 2013 | C‑435/11 | CHS Tour Services GmbH/Team4 Travel GmbH | The Court of Justice held that ‘if a commercial practice satisfies all the criteria specified in Article 6(1) of that directive for being categorised as a misleading practice in relation to the consumer, it is not necessary to determine whether such a practice is also contrary to the requirements of professional diligence as referred to in Article 5(2)(a) of the directive in order for it legitimately to be regarded as unfair and, therefore, prohibited in accordance with Article 5(1) of the directive. |
AG Opinions
| Case-number | Parties | Subject-matter | |
| Opinion of AG Bot; 4 July2013 | C-59/12 | BKK Mobil Oil Körperschaft des öffentlichen Rechts/Zentrale zur Bekämpfung unlauteren Wettbewerbs eV | In December 2008 BKK Mobil Oil circulated an advertisement worded as follows: “Anyone leaving BKK … now will be committed to staying with his/her new [mandatory sickness] scheme for the next 18 months. This means that you will miss out on attractive offers that BKK … will be making next year, and you may end up having to pay more if your new scheme is unable to manage on the money allocated to it and therefore requires you to make a supplementary contribution.” The German Wettbewerbszentrale claimed that this was a misleading advertising. BKK submitted that its actions are not caught by the Directive’s provisions since, as a public-law body entrusted with a task of general public importance, it does not act with a view to making a profit and cannot, therefore, be considered to be a ‘trader’ within the meaning of Article 2(b) thereof. AG Bot came to the conclusion that a public-law body entrusted with a task of general public importance, such as a sickness insurance fund, may be categorised as a ‘trader’ when it circulates commercial advertising to its members. |
| Opinion of AG Wathelet; 11 July2013 | C-391/12 | RLvSVerlagsgesellschaft mbH/Stuttgarter Wochenblatt GmbH | According to Article 10 of the German press law, any sponsored publication is prohibited regardless its aim, as long as it is not clearly marked as an ‘advertisement’, unless the position and the form of the publication leave no doubt as to its advertising purpose. The Bundesgerichtshof asked the Court of Justice of the European Union whether Art. 10 of the German press law is compatible with the Directive 2005/29/EC. AG Wathelet concluded the incompatibility of the German provision with the Unfair Commercial Practices Directive. |
Misleading advertising (Directive 84/450/EEC)
Judgments
| Case-number | Parties | Subject-matter | |
| Judgment of the Court; 11 July 2013 | C-657/11 | Belgian Electronic Sorting Technology NV/Bert Peelaers, Visys NV | The Court of Justice of the European Union had to deal with modern forms of expression as the registration and use of domain names and the use of metatags in a website’s metadata. It held that while the registration of a domain name cannot be seen as advertising, the use thereof as well as the use of metatags could be perceived as advertising in line with the meaning of Article 2(1) of Council Directive 84/450/EEC. |
Air passenger rights (Regulation No 261/2004)
Pending cases
| Case-number | Parties | Subject-matter | |
| Request for a preliminary ruling from the AmtsgerichtRüsselsheim (Germany) lodged on 14 May 2013 | C-262/13 | Ekkehard Aleweld/Condor Flugdienst GmbH | Right under Article 7 of Regulation No 261/20004 to compensation where the departure of the booked flight is delayed by more than three hours, the passenger rebooks on another airline and the delay on arrival compared with the original flight is thereby appreciably reduced, whilst both the original flight and the replacement flight arrive at the original destination far more than three hours late. |
| Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 13 May 2013 | C-259/13 | Elena Recinto-Pfingsten/Swiss International Air Lines AG | Applicability of Regulation (EC) No 261/2004, in accordance with Article 3(1)(a), to passengers who embark on a flight to a third country from airports in Switzerland under the Agreement on air transport between the Swiss Confederation and the European Community of 21 June 1999. |
Consumer credit agreements (Directive 2008/48/EC)
Pending cases
| Case-number | Parties | Subject-matter | |
| Request for a preliminary ruling from the Tribunal d’instanced’Orléans (France) lodged on 30 May 2013 | C-298/13 | Facet SA, BNP Paribas Personal Finance SA/Saïda Bouchelaghem et al. | Obligation of the national court to examine of its own motion compliance with the provisions of the Directive 2008/48/EC and the national provisions resulting from it; Burden of proof under Directive 2008/48/EC; Relationship between Directive 2008/48/EC and Directive 2005/29/EC. |
Telecoms
Judgments
| Case-number | Parties | Subject-matter | |
| Judgment of the Court; 18 June 2013 | Joined Cases C‑228/12 to C‑232/12 and C‑254/12 to C‑258/12 | Vodafone Omnitel et al./Autorità per le Garanzie nelle Comunicazioni et al. | Interpretation of Article 12 of Directive 2002/20/EC (‘Authorisation Directive’). The Court concludes that the charges imposed pursuant Article 12 of the Authorisation Directive are not intended to cover all the administrative costs incurred by the NRA only covering the total administrative costs covering the management, control and enforcement of the general authorisation scheme and of rights of use and of specific obligations as referred to in Article 6(2) thereof, which may include costs for international cooperation, harmonisation and standardisation, market analysis, monitoring compliance and other market control, as well as regulatory work involving preparation and enforcement of secondary legislation and administrative decisions, such as decisions on access and interconnection. |
Pending cases
| Case-number | Parties | Subject-matter | |
| Request for a preliminary ruling from the Teleklagenævnet (Denmark) lodged on 25 April 2013 | C-222/13 | TDC A/S/Erhvervsstyrelsen | Interpretation of Article 32 of Directive 2002/22/EC (‘Universal Service Directive’). Compensation to undertakings by the State for the net costs associated with the provision of additional mandatory services not included on the scope of Chapter II of the Directive; National legislation limiting such compensation to the net costs that constitute an unfair burden. |
| Request for a preliminary ruling from the Hof van beroepteAntwerpen (Belgium) lodged on 10 May 2013 | C-256/13 | Provincie Antwerpen/Belgacom NV van publiek recht | Interpretation of Articles 6 and 13 of Directive 2002/20/EC (‘Authorisation Directive’) on the imposition of a fee to telecoms operators for rights of use and rights to install facilities based on their economic activity. |
| Request for a preliminary ruling from the Commissione Tributaria Regionale dell’Umbria (Italy) lodged on 27 June 2013 | C-355/13 | Umbra Packaging srl/Agenzia delle Entrate – Direzione Provinciale di Perugia | Interpretation of Article 3 Directive 2002/20/EC (‘Authorisation Directive’) and Article 102 TFEU. National legislation imposing a fee on telecom operators; Imposition of a government license fee in case of telephone subscription contract; Fee not applicable in the event of prepaid calling cards. |
| Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 24 May 2013 | C-282/13 | T-Mobile Austria GmbH /Telekom-Control-Kommission | Interpretation of Articles 4 and 9b of Directive 2002/21/EC (Framework Directive) and and Article 5(6) of Directive 2002/20/EC (‘Authorisation Directive’). Reallocation of rights to use radio frequencies as a result of the merger of two companies providing electronic communications networks, electronic communications services; Refusal by the national regulatory authority to grant party status in the proceeding (“Parteistellung”) to a competitor; Concept of “any company concerned ‘contained in Article 4, para. 1 of Directive 2002/21/EC. |
EUROPEAN RESEARCH COUNCIL
ERC Starting Grant results: 287 early-career top researchers supported with €400 Mio
http://erc.europa.eu/sites/default/files/press_release/files/press_release_stg2013_results.pdf
ERC Starting Grant results: the list of principal investigators on social science and humanities
http://erc.europa.eu/sites/default/files/press_release/files/ERC_StG2013_List_SH_domain.pdf
EUROPEAN COMMISSION
DG Agriculture and Rural Development: Commission requests Greece to ensure free market access for wine producers in Samos
http://ec.europa.eu/agriculture/newsroom/116_en.htm
DG Competition: Commission market tests commitments proposed by Deutsche Bahn concerning pricing system for traction current in Germany
http://europa.eu/rapid/press-release_IP-13-780_en.htm
DG Competition: Commission accepts legally binding commitments from Penguin in e-books market
http://europa.eu/rapid/press-release_IP-13-746_en.htm
DG Competition: New rules on Payment Services for the benefit of consumers and retailers
http://europa.eu/rapid/press-release_IP-13-730_en.htm
DG Competition: Payment Services Directive and Interchange fees Regulation: frequently asked questions
http://europa.eu/rapid/press-release_MEMO-13-719_en.htm
DG Competition: Speech by Joaquín Almunia “Introductory remarks on proposal for regulation on interchange fees for cards, Internet and mobile payments
http://europa.eu/rapid/press-release_SPEECH-13-660_en.htm
DG Competition: Commission confirms unannounced inspections in Internet connectivity services
http://europa.eu/rapid/press-release_MEMO-13-681_en.htm
DG Competition: Commission consults on review of safe harbour for minor agreements (“De Minimis” Notice)
http://europa.eu/rapid/press-release_IP-13-685_en.htm
DG Competition: Speech by Alexander Italianer “Competition Law within a framework of rights and the Commission’s proposal for a Directive on antitrust damage actions
http://ec.europa.eu/competition/speeches/text/sp2013_06_en.pdf
DG Energy: the Commission takes Poland to Court over regulated gas prices for business consumers
http://europa.eu/rapid/press-release_IP-13-580_en.htm
DG Health and Consumers: New EU Rules for safer cosmetics come into force
http://europa.eu/rapid/press-release_IP-13-677_en.htm
DG Health and Consumers: Speech by Paola Testori “Consumers & sustainable energy – from the free market to energy efficiency”
DG Health and Consumers: 15th meeting tobacco products regulatory committee
http://ec.europa.eu/health/tobacco/docs/ev_20130226_rd01_en.pdf
DG Health and Consumers: The functioning of the market for internet access and provision from a consumer perspective in the European Union
DG Internal Market and Services: Speech by Michel BARNIER “A safer financial sector for the citizens”
http://europa.eu/rapid/press-release_SPEECH-13-695_en.htm
DG Internal Market and Services: Commission proposes major step forward for telecoms single market
http://europa.eu/rapid/press-release_IP-13-828_en.htm
DG Internal Market and Services: Commission adopts regulatory proposals for a Connected Continent
http://europa.eu/rapid/press-release_MEMO-13-779_en.htm
DG Internal Market and Services: Speech by Michel Barnier “The single market in financial services: we need the UK on board”
http://europa.eu/rapid/press-release_SPEECH-13-636_en.htm
DG Justice: Speech by Viviane Reding “Data protection reform: restoring trust and building the digital single Market”
http://europa.eu/rapid/press-release_SPEECH-13-720_en.htm
DG Justice: Consultation on a new European approach to business failure and insolvency
http://ec.europa.eu/justice/newsroom/civil/opinion/130624_en.htm
DG Justice: Optional European Sales Law – Commission proposal backed by European Parliament committee
http://europa.eu/rapid/press-release_MEMO-13-792_en.htm
DG Justice: Commission fills legal gaps for unitary patent protection
http://europa.eu/rapid/press-release_IP-13-750_en.htm
DG Justice: Frequently Asked Questions – Commission proposes to improve consumer rights for 120 million holiday makers
http://europa.eu/rapid/press-release_MEMO-13-667_en.htm
DG Justice: Commission calling for experts to identify safe and fair contract terms to boost cloud computing
http://europa.eu/rapid/press-release_IP-13-590_en.htm
DG Mobility and Transportation: Speech by Sliim Kallas “the Single Euroepan Sky: time to make the vision a reality”
http://europa.eu/rapid/press-release_SPEECH-13-703_en.htm
Statement by Commissioner Barnier following the European Parliament vote related to new rules on mortgage credit lending
http://europa.eu/rapid/press-release_MEMO-13-777_en.htm
European Parliament’s endorsement of the political agreement on Market Abuse Regulation
http://europa.eu/rapid/press-release_MEMO-13-774_en.htm
Regulatory mess hurting broadband investment: consumers and businesses stuck in slow lane
http://europa.eu/rapid/press-release_MEMO-13-756_en.htm
Telecoms – Commission suspends Portuguese regulator’s proposal on remedies in the fixed termination market
http://europa.eu/rapid/press-release_IP-13-775_en.htm
Digital Agenda – Commission questions Italian regulator’s method of regulating prices for broadband services
http://europa.eu/rapid/press-release_IP-13-774_en.htm
Digital Agenda – Commission tells German telecoms regulator to amend or withdraw fixed termination rates plan
http://europa.eu/rapid/press-release_IP-13-766_en.htm
774% difference in phone call prices across the EU
http://europa.eu/rapid/press-release_IP-13-767_en.htm
Commission welcomes Dutch regulator’s proposal on fixed and mobile phone termination rates
http://europa.eu/rapid/press-release_IP-13-760_en.htm
Telecoms – Commission suspends Austrian regulator’s proposal on broadband wholesale pricing
http://europa.eu/rapid/press-release_IP-13-748_en.htm
Telecoms: Commission blocks Austrian proposals to regulate wholesale leased lines
http://europa.eu/rapid/press-release_IP-13-647_en.htm
Consumer Scoreboard: more action needed for a true single market for consumers
http://europa.eu/rapid/press-release_IP-13-718_en.htm
Speech by Neelie Kroes “A Telecoms Single Market: Building a Connected Continent”
http://europa.eu/rapid/press-release_SPEECH-13-622_en.htm
Telecoms – Commission questions Spanish regulator’s price regulation of wholesale broadband access
http://europa.eu/rapid/press-release_IP-13-621_en.htm
Internal gas market: the Commission takes Poland to Court over regulated gas prices for business consumers
http://europa.eu/rapid/press-release_IP-13-580_en.htm?locale=en
COUNCIL
Transport, Telecommunications and Energy: Council and European Parliament reach agreement on the Connecting Europe Facility
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/trans/137969.pdf
The member states’ Permanent Representatives today endorsed the compromise reached between the Council and the European Parliament in their negotiations on the Connecting Europe Facility (CEF), the future funding instrument for the trans-European networks (TEN) in the fields of transport, energy and telecommunications. The draft regulation establishing the CEF determines the conditions, methods and procedures for the Union’s financial contribution to TEN projects. It will replace the existing legal bases for TEN funding. The overall objective of the CEF is to help create high-performing and environmentally-sustainable interconnected networks across Europe, thereby contributing to economic growth and social and territorial cohesion within the Union.
The agreed text still needs to be formally approved by the Parliament, whose vote in plenary is expected to take place in the autumn, and by the Council, which is due to take its decision after the vote in Parliament.
Justice and Home Affairs: Council conclusions on the Commission and the High Representative of the European Union for Foreign Affairs and Security Policy joint communication on the Cybersecurity Strategy of the European Union: An Open, Safe and Secure Cyberspace
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/137602.pdf
EUROPEAN PARLIAMENT
IMCO MEETING DOCUMENTS: Communication from the Commission on the implementation of the Services Directive.
IMCO MEETING DOCUMENTS: First Commission Report on the application of Unfair Commercial Practices Directive
First Commission Report on the application of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’)
IMCO REPORT: Internal Market for Services – State of Play and Next Steps
IMCO OPINION: The Implementation Report on the regulatory framework for electronic communications
IMCO OPINION: The proposal for a regulation of the European Parliament and of the Council on medical devices
IMCO OPINION: The proposal for a regulation of the European Parliament and of the Council on a Common European Sales Law
IMCO TIMETABLE: The Internal Market for Services: State of Play and Next Steps
IMCO TIMETABLE: Common European Sales Law (updated timetable)
IMCO TIMETABLE: Air passenger rights
IMCO TIMETABLE: Consumer product safety
IMCO TIMETABLE: Unfair commercial practices directive
ITRE PRESS RELEASES: Calling from abroad – mobile roaming fees must go by 2015, say MEPs
“Roaming” fees for making mobile phone calls, sending text or downloading data while abroad must end by 2015, said the Industry Committee on Tuesday. “Unbalanced profit margins on roaming” not only create excessive costs for users but also hamper growth and prosperity . They are one reason why there is not yet a single telecoms market, MEPs say.
ITRE MEETING DOCUMENTS: Implementation Report on the regulatory framework for electronic communications
http://www.europarl.europa.eu/meetdocs/2009_2014/documents/itre/pr/940/940558/940558en.pdf
JURI PRESS RELEASES: Common European Sales Law backed by legal affairs MEPs
EU firms could trade more easily in other member states and cross-border shoppers would be better informed of their rights under the proposed Common European Sales Law backed by the Legal Affairs Committee on Tuesday. The new law would lay down optional EU-wide rules for purchases from other member states.
PETI PRESS RELEASES: Fundamental rights, social issues and the environment top EU citizens’ petitions
Protecting citizens against discrimination, defending their rights to property and free movement and safeguarding the environment are key concerns for the EP Petitions Committee, says its 2012 activity report, approved on Tuesday. The EP received 1,985 petitions in 2012, mostly from German, Spanish, Italian, Romanian and British citizens
(…)
Protecting EU citizens’ fundamental rights continues to be a key concern for Parliament..The rights of children and persons with disabilities, freedom of expression and privacy, the right to property, access to justice and free movement (i.e. fair access to the labour market and social security schemes in other EU countries) accounted for a large share of the committee’s work last year.
TRAN PRESS RELEASES: Strengthening air passengers’ rights while providing legal clarity to airlines
Air passengers’ rights must be tightened up to stop airlines abusing an “extraordinary circumstances” clause to avoid paying them compensation for delays or denied boarding, said MEPs in Monday’s Transport Committee debate on a European Commission proposal to recast the rules. Rapporteur Georges Bach (EPP, LU) suggested that passengers should be entitled to €300 compensation after just 3 hours’ delay on intra-European-flights.
PLENARY PRESS RELEASES: MEPs call for end to roaming fees by 2015
EU firms could trade more easily in other member states and cross-border shoppers would be better informed of their rights under the proposed Common European Sales Law backed by the Legal Affairs Committee on Tuesday. The new law would lay down optional EU-wide rules for purchases from other member states.
PLENARY PRESS RELEASES: Green light for single supervisor for banks
MEPs on Thursday gave their green light to the EU bank supervision system which will bring some 150 of the EU’s largest banks under the European Central Bank’s direct oversight from September 2014. MEPs strengthened the system’s transparency and accountability and tasked the European Banking Authority to develop supervisory practices which national bank supervisors should follow.
PLENARY PRESS RELEASES: Tougher sanctions for financial markets manipulation
New rules imposing tougher sanctions for manipulating financial markets, insider dealing or abuse of inside information were voted on Tuesday. These rules will also cover a wider range of trading venues and financial instruments than today’s rules and they will apply directly in all member states, which should ensure a high level of investor protection in the EU.
PLENARY PRESS RELEASES: Insider dealing – tougher rules key to bringing financial markets under control
Insider dealing and market manipulation might have made some bankers rich, yet they have also undermined the stability of the financial system. In many cases taxpayers’ money has been used to bail out banks that took too much risk in their drive for profits. On Tuesday 10 September, MEPs voted in favour of tougher rules to prevent market abuse. Arlene McCarthy, who wrote the report, says this is a key step in bringing financial markets under control.
PLENARY PRESS RELEASES: Parliament sets out priorities for overhauling EU banks
Bank board members must be personally liable for mistakes and banks’ riskier trading activities must be clearly separated from their more conservative lending ones, said MEPs on Wednesday, in a resolution setting out Parliament’s priorities for a broad overhaul of EU banks.
PLENARY PRESS RELEASES: Small investors to be shielded against reckless risk taking by investment funds
Small investors should be better protected against investment funds that take excessive or unnecessary risks with their money, thanks to a draft law approved by a show of hands on Wednesday. The law clarifies who is liable for mismanagement of funds and tailors fund managers’ remuneration rules to encourage them to take reasonable risks and a long-run view.
PARLIAMENTARY QUESTIONS: Unfair commercial practices regarding the sale of medicines
PARLIAMENTARY QUESTIONS: Common European Sales Law
EUROPEAN ECONOMIC AND SOCIAL COMMITTEE
Consumers deserve a common food policy, argues EESC
http://www.eesc.europa.eu/?i=portal.en.press-releases.28598
NEWSWIRES
EurActiv: Proposed sales law is too confusing for consumers
http://www.euractiv.com/trade/consumer-group-claims-sales-law-analysis-529341
Attempts to introduce a Common European Sales Law are designed to boost cross-border trade. But Ursula Pachl, the deputy director-general of the European consumer group BEUC, argues that there is no evidence that the new law would achieve this and urges the Parliament – which will consider the proposal this autumn – to reject it.
EurActiv: Payment Services Directive: The new payments landscape
http://www.euractiv.com/euro-finance/payments-services-directive-new-linksdossier-528364
The Payment Services Directive (PSD) was adopted by the EU Council of Ministers in March 2007, but an explosion in e-commerce through the internet and the ownership and use of smartphones has taken place since then. In response to the challenge posed by technology to traditional payments methods, the Commission published a green paper called: ‘Towards an integrated European market for card, internet and mobile payments,’ as a precursor to further rules changes. Following a consultation period an updated Payment Services Directive (PSD II) was published this summer (July 24), with a separate regulation on multilateral interchange fees (MIFs).
EurActiv: Brussels plans sweeping rules to complete single EU telecoms market
http://www.euractiv.com/infosociety/single-telecoms-market-plan-scra-news-529359
The European Commission is drafting ambitious plans to scrap mobile telephone roaming charges and to seize greater control over the radio frequency spectrum before the EU Parliament mandate ends next year, in a proposal that is likely to pitch Brussels against national interests and industry.
EurActiv: Bankers balk at EU proposals to enable account switching
http://www.euractiv.com/eu-elections-2014/bankers-warn-unworkable-cross-bo-news-530445
Plans for empowering EU citizens with automatic cross-border rights to switch bank accounts within the bloc will be costly and too bureaucratic to implement, Europe’s largest banking lobby group has warned.
Euronews: New EI passenger rights
http://www.euronews.com/2013/06/20/new-eu-passenger-rights/
Euronews: Let’s hope it’s a happy holiday
http://www.euronews.com/2013/07/22/let-s-hope-it-s-a-happy-holiday/
FT: Euroepan Utilities warn EU over energy risk
http://www.ft.com/intl/cms/s/0/19039dee-194f-11e3-83b9-00144feab7de.html#axzz2fFrVjVOR
Nine off Europe’s biggest utilities have joined forces to warn that the EU’s energy policies are putting the continent’s power supplies at risk.
FT: EU regulators adopt measures to reform telecoms market
http://www.ft.com/intl/cms/s/0/41958a7e-1aee-11e3-a605-00144feab7de.html#axzz2fFrVjVOR
Bloomberg: Power Diverging Most Since 2010 Shows EU Split: Energy Markets
Bloomberg: Bonus Limit for Fund Managers Rejected in EU Parliament Vote (investor protection)
OTHERS
BEUC: Much remains to be done for consumers 5 years after Lehman scandal
BEUC: Will Europe’s telecoms market overhaul benefit consumers?
BEUC: No home run for home loans
BEUC: Payments in Europe: EU boosts consumer rights
BEUC: Europe’s online traders & consumers jointly reject EU contract law
BEUC: Consumers urge Commission against scale down on excessive card fees
BEUC: Review of the European System of Financial Supervision
ELI-UNIDROIT Project: From Transnational Principles to European Rules of Civil Procedure
http://www.europeanlawinstitute.eu/news-events/events/
The 1st exploratory workshop, to be held in Vienna on 18 and 19 October 2013, aims at an initial analysis of a series of different topics, ranging from due notice of proceedings to enforcement, with a view to identifying the most promising issues and the most appropriate methodological approach for the project. The event will be divided into a public conference, scheduled for 18 October, and an in-depth workshop for invited participants following the public discussion, which should lay the foundations for the elaboration of the ultimate project design by the ELI and UNIDROIT.
The workshop will bring together leading experts from academia and legal practice in the field of civil procedural law. It is anticipated that it will both produce an inspiring debate and mark an important first step towards establishing a working group that can carry the project to a successful conclusion.
ECN BRIEF: European Commission adopts Proposal on Antitrust Damages Actions
http://ec.europa.eu/competition/ecn/brief/03_2013/eu_dam.pdf