European Private Law Monitoring Report n° 4

 

EUROPEAN COURT OF JUSTICE

Case-law in private law matters from 18 September – 11 December 2013

Unfair terms in consumer contracts (Directive 93/13/EEC)

Judgments 

	Case-number	Parties	Subject-matter
Judgment of the Court; 5 December 2013	C-413/12	Asociación de Consumidores Independientes de Castilla y León/ Anuntis Segundamano España SL	The case concerns the jurisidiction of the court to hear actions for injunctions brought by a consumer protection association.  The referring court asked, in particular, whether, in spite of  the absence of any relevant domestic rule, the Court of Appeal is allowed to hear the appeal brought before the judgment decision of the first instance court which assigned to the court where the defendant had its address the jurisidiction for this action. Following the opinion of the AG Mengozzi, the Court held that the Directive 1993/13 and the principles of effectiveness do not preclude national procedural rules under which injunctions brought by consumer protection associations must be brought before the Court where the defendant is established and whereby no appeal lieas against a decision declining territorial jurisdiction handed down by a first instance court.
Opinion of the AG Wahl; 21 November 2013	C-482/12	PeterEva Macinský Macinská/Getfin s.r.o., Financreal s.r.o.	At stake was the admissibility of a national  legislation allowing a creditor to enforce his claim, based on an unfair term, at auction without any judicial oversight. According to the AG, this question is merely hypotetical in so far it is not relevant for the decision of the main proceeding at issue. Therefore, he concluded that the question referred is inadmissible. However, in the event that the Court choose to answer this question, the AG held that the national procedure was compatible with the Directive 93/13/EEC. It will be for the national court to establish all the consequences – including the ordering of interim measures suspending the sale or the effects thereof pending a final decision on the fairness of that term – in order to ensure that the consumer is not bound by that term.

Opinions

	Case-number	Parties	Subject-matter
Opinion of the AG Wahl; 21 November 2013	C-482/12	Asociación de Consumidores Independientes de Castilla y León/Anuntis Segunda Mano SL	At stake was the admissibility of a national  legislation allowing a creditor to enforce his claim, based on an unfair term, at auction without any judicial oversight. According to the AG, this question is merely hypotetical in so far it is not relevant for the decision of the main proceeding at issue. Therefore, he concluded that the question referred is inadmissible. However, in the event that the Court choose to answer this question, the AG held that the national procedure was compatible with the Directive 93/13/EEC. It will be for the national court to establish all the consequences – including the ordering of interim measures suspending the sale or the effects thereof pending a final decision on the fairness of that term – in order to ensure that the consumer is not bound by that term.

Pending cases

	Case-number	Parties	Subject-matter
Request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción nº 2 de Marchena (Spain), lodged on 10 September 2013	C-482-487/13	Unicaja Banco SA/José Hidalgo Rueda et al.;Unicaja Banco SA/Steluta Grigore;Caixabank SA/Manuel María Rueda Ledesma, Rosario Mesa MesaCaixabank SA/José Labella Crespo;Caixabank SA/Antonio Galán Rodríguez;Caixabank SA/Alberto Galán Luna	Interpretation of art. 6 (1) Directive 1993/13/EC; national legislation requiring the court to moderate the amount of interest provided for by an unfair default-interest term in a property loan contract secured by a mortgage; whether or not national court obliged to declare such a term void and disregard it

Unfair commercial practices (Directive 2005/29/EC)

Judgments

	Case-number	Parties	Subject-matter
Judgment of the Court; 3 October 2013	C-59/12	BKK Mobil Oil Körperschaft des öffentlichen Rechts contro Zentrale zur Bekämpfung unlauteren Wettbewerbs eV.	At stake was the question whether an health insurance fund established as a public law body is covered by the Directive 2005/29/EC. Following the opinion of the AG Bot, the Court held that the directive 2005/29/EC must be interpreted to the effect that a public law body charged with a task of public interest, such as the management of a statutory health insurance fund, must be a ‘trader’ within the meaning of that directive.
Judgment of the Court; 17 October 2013	C-391/12	RLvS Verlagsgesellschaft mbH/ Stuttgarter Wochenblatt GmbH	At stake was a question regarding the material scope of the Directive 2005/29/EC. The national court asked, in essence, whether a national provision on press-law, imposing the publishers to include a specific identification – by the use the term ‘advertisement’ (‘Anzeige’) – in their periodicals for which they receive remuneration, is compatible with this Directive. The AG Wathelet answered in the negative in so far as this provision produced the effect to modify the list of practices which, according to the Annex to the directive, are in all circumstances unfair. Since this is maximum harmonisation directive, Member States are not allowed to do that. According to the Court, however, the national legislation did not broaden the material scope of the directive because it imposes the same obligations the European Union legislature has imposed through Directives 89/552 and 2010/13 in the audiovisual field on media providers when their audiovisual services or programmes are sponsored by third-party undertakings. For this reason, the Court held that the directive must be interpreted as not precluding the application of the national provision at issue in the main proceeding.

Opinions

	Case-number	Parties	Subject-matter
Opinion of the AG Pedro Cruz Villalón; 26 November 2013	C C-421/12	European Commission/ Kingdom of Belgium	By its application the European Commission asked the Court to declare that the Kingdom of Belgium has failed to fulfil its obligations under the Directive 2005/29/EC. First, the Commission claimed that national legislation did not include in its material scope members of certain professions (e.g. dentists and physiotherapists). Second, national provisions on announcements of price reductions provided for a lower level of consumer protection than that established by the Directive. Third, national provisions establishing the ban of sales on rounds and doorstep selling went beyond the scope of the directive. The AG Pedro Cruz Villalón upheld these claims and proposed to declare that the Kingdom of Belgium has failed to fulfil its obligations under art. 3 and 4 of the Directive 2005/29/EC.

Pending Cases

	Case-number	Parties	Subject-matter
Request for a preliminary ruling from the the Kúria (Hungary) lodged on 8 July 2013	C-388/13	UPC Magyarország kft/Nemzeti Fogyasztóvédelmi Hatóság	Interpretation of art. 5(2)(a) and (4) of the Directive 2005/29/EC; subscriber to a telecommunications service who requested the termination of his contract on the last day of the reference period of an invoice and who was induced by the telecommunications business to sign a contract with another business on the same day without being informed of additional expenses; additional invoice relating to the days between the date of termination of the contract referred to in the invoice and the date of the actual disconnection; breach of the requirements of professional diligence.

Sales of Consumer goods (Directive 1999/44/EC)

 

Judgments

	Case-number	Parties	Subject-matter
Judgment of the Court; 3 October 2013	C-32/12	Soledad Duarte Hueros/Autociba SA, Automóviles Citroën España SA	At stake were the powers of national courts to reduce ox officio the price of goods in a consumer sales contract. It must be recalled that under the spanish procedural law, a consumer who brings proceedings seeking only rescission of the contract for the sale of goods is definitively deprived of the possibility of benefitting from the right to seek an appropriate reduction in the price of those goods pursuant to art. 3(5) of Directive 1999/44. The Court held that such procedural rules undermines the effectiveness of the consumer protection because there is a significant risk that consumers will not put forward an alternative claim (for the price’s reduction) because they are unaware of, or do not appreciate, the extent of their rights. For this reason, following the opinion of the AG Kokott, the Court held that  the Directive 1999/44/EC must be interpreted as precluding legislation of a Member State which does not allow the national court to reduce ex officio the price of goods in consumer sales contracts.

Consumer Credit (Directive 2008/48/EC)

Requests

	Case-number	Parties	Subject-matter
Request for a preliminary ruling from the Tribunal d’instance d’Orléans (France) lodged on 12 August 2013	C-449/13	CA Consumer Finance/Ingrid Bakkaus, Charline Bonato, née Savary, Florian Bonato	Obligations to provide Information and explanations and to check the creditworthiness of the borrower to be undertaken by the lender; onus of proving the implementation of the lender’s pre-contractual and contractual obligations; insertion of a standard-form provision in the credit agreement; whether the onus of proof of the implementation of the duties to provide explanations and assistance and to check the creditworthiness of the borrower is on the lender; need for additional evidence

 

Payment Service (Directive 2007/64/EEC)

Opinions

	Case-number	Parties	Subject-matter
Opinion of the AG Melchior Wathelet; 24 October 2013	C-616/11	T-Mobile Austria GmbH/Verein für Konsumenteninforma-tion	At stake was the interpretation of the Directive 2007/64/EC with reference to telphone contracts. The referring court wanted to ascertain, first, whether art. 52(3) of the directive is also applicable to the contractual relationship between a mobile phone operator, as payee, and that operator’s private customer (the consumer), as payer. According to the Advocate General, even though the art. 52 (3) does expressely refer only to the relationship between payment service provider and the payee, it must be applied also to that between the payee and payer.Secondly, the court asked whether the cash payment form signed by the payer in person and/or the procedure for ordering transfers based on a signed cash payment form and the agreed procedure for ordering transfers through online banking (telebanking) must be regarded as ‘payment instruments’ within the meaning of Art. 4.23 and Article 52(3) of this Directive. The AG answered in the affirmative. Third, the court asked whether art. 52 (3) of Directive must be interpreted as precluding the application of provisions of national law which prohibit a payee from levying charges in general and from levying different charges for different payment instruments in particular. The AG answered in the negative.

Air passenger rights (Regulation No 261/2004)

 

Pending cases

	Case-number	Parties	Subject-matter
Request for a preliminary ruling from the Amtsgericht Rüsselsheim (Germany) lodged on 25 June 2013	C-347/13	Erich Pickert v Condor Flugdienst GmbH	Interpretation of art. 5 (3) Regulation (EC) n. 261/2004; notion of “extraordinary circumstances”; whether incidents which occur during an earlier flight are included within that scope
Request for a preliminary ruling from the Amtsgericht Rüsselsheim (Germany) lodged on 27 June 2013	C-353/13	Jürgen Hein, Hjördis Hein v Condor Flugdienst GmbH	Interpretation of art. 5 (3) Regulation (EC) n. 261/2004; notion of “extraordinary circumstances”; whether adverse actions by third parties acting on their own responsibility and to whom certain tasks that constitute part of the operation of an air carrier have been entrusted fall within that scope;  whether the assessment of the situation depend on who (airline, airport operator etc.) entrusted the tasks to the third party
Request for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 31 July 2013	C-431/13	Vietnam Airlines Co. Ltd v Brigitta Voss, Klaus-Jürgen Voss	Interpretation of art. 12 Regulation (EC) n. 261/2004; compensation for a long delay of a flight; whether it is possible to deduct from that compensation the additional compensation that the passenger has already received from a third party for the delay suffered, or should such payment be deducted; whether that deduction is applicable only to claims for damages within the meaning of German law or also to claims for a price reduction.
Request for a preliminary ruling from the Landesgericht Salzburg (Austria) lodged on 12 August 2013	C-452/13	Germanwings GmbH/ Ronny Henning	Interpretation of art. 2, 5 and 7 Regulation (EC) n. 261/2004; Flight delay; determination of the precise moment of the time of arrival of a flight in order to calculate the length of the delay; definition of the concept of “time of arrival”.
Request for a preliminary ruling from the Amtsgericht Rüsselsheim (Germany) lodged on 2 September 2013	C-471/13	Peter Link/Condor Flugdienst GmbH	Interpretation of art. 6, 7 and 8 Regulation (EC) n. 261/2004; long departure delay to the flight originally booked; booking of another flight by the passenger in order to reduce the delay; right to compensation
Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 30 August 2013	C-475/13	Walter Jubin/easyJet Airline Co. Ltd	Interpretation of art. 7 and 12 Regulation (CE) n. 261/2004; right of compensation for a delay of the flight; whether compensation compensation granted under national law, which is intended to reimburse additional travel costs incurred as a result of the cancellation of a booked flight, be deducted from the compensation under art. 7 of this Regulation.
	C-476/13	Heidemarie Retzlaff/easyJet Airline Co. Ltd

 

 

Rail Passenger Rights (Regulation EC 1371/2007)

 

Judgments

	Case-number	Parties	Subject-matter
Judgement of the Court; 26 September 2013.	C-509/11	ÖBB/Personenverkehr AG(Intervening parties)Schienen-Control Kommission, Bundesministerin für Verkehr, Innovation und Technologie,	At stake was the interpretation of art. 17 and 30 of the Regulation 1371/2007. Following the opinion of the AG Jääskinen, the Court held that the railway undertaking is not entitled to include in its general terms and conditions of carriage a clause under which it is exempt from its obligation to pay compensation in the event of a delay where the delay is attributable to force majeure or to one of the reasons set out at Article 32(2) of the CIV Uniform Rules. Secondly, the Court held that art. 30 (1) the Regulation 1371/2007 cannot be interpreted as constituting a legal basis authorising national bodies to impose on railway undertakings the specific content of their contractual terms relating to the circumstances in which they are to pay compensation.

Telecoms

 

Judgments

	Case-number	Parties	Subject-matter
Judgment of the Court; 7 November 2013	C-518/11	UPC Nederland BV/Gemeente Hilversum,	At stake was the interpretation of art. 101 TFEU and several provisions from the different Directives contained in the Telecom package on the scope ratione materiae. The Court concluded that the supply of a basic package of radio and television programmes via cable falls within the definition of an ‘electronic communications service’ provided in art. 2(c) Framework Directive. Secondly, the Court held that the Telecoms Directives preclude state bodies non-NRAs from intervening directly in retail tariffs in respect of the supply of a basic package of radio and television programmes via cable, as well as prevents a clause stipulating suppliers’ freedom to set tariffs in an agreement prior to the adoption of the new regulatory framework for telecoms.

 

Requests

	Case-number	Parties	Subject-matter
Request for a preliminary ruling from the Tribunal de première instance de Bruxelles (Belgium) lodged on 13 August 2013	C-454/13	Belgacom SA/Commune d’Etterbeek	Interpretation of art. 12 and 13 of Directive 2002/20/EC (‘Authorisation Directive’) on the introduction of a tax on mobile communications infrastructures when carrying on activities subject to general authorization.

Copyright and related right in the information society (Directive 2001/29/EC)

 

Opinions

	Case-number	Parties	Subject-matter
Opinion of AG Pedro Cruz Villalón; 26 November 2013	C-314/12	UPC Telekabel Wien GmbH/Constantin Film Verleih GmbH and Filmproduktionsge-Sellschaft GmbH	Interpretation of art. 3(2), 5(1), (2)(b) and 8(3) of the Directive 2001/29/EC (Copyright Directive). The case concerns the clarification, apart from the content of the precautionary measures issued in accordance with art. 8(3) of the Directive and the procedure by which they are adopted, if is it possible to agree such injunctions against an Internet access service (supplier) that provides access to Internet not to the operator of a site massively infringed copyright, but users accessing the site.AG Pedro Cruz Villalón concluded that art. 8(2) must be interpreted as meaning that a person who makes available openly in the Internet without the consent of the rights holders infringes rights conferred by art. 3(2) of the Copyright Directive. It is for the national court to carry out a fair balance between fundamental rights, including all relevant circumstances at issue in the main proceeding.

 

Legal Protection (Regulation EC 44/2001)

Judgments

	Case-number	Parties	Subject-matter
Judgment of the Court; 17 October 2013.	C-218/12	Lokman Emrek/Vlado Sabranovic,	The referring court asked whether art. 15(1)(c) of Regulation EC No 44/2001 must be interpreted as meaning that it requires the existence of a causal link between the means used to direct the commercial or professional activity to the Member State in which the consumer is domiciled, namely an Internet site, and the conclusion of the contract with that consumer. Following the opinion of the AG Pedro Cruz Villalon, the Court answered in the negative. However, it held that the existence of such link  constitutes evidence of the connection between the contract and such activity.
Judgment of the Court; 6 September 2013	C-157/12	Salzgitter Mannesmann Handel GmbH/SC Laminorul SA,	T  T   The case concerned the conflict between two judgements given in the same Member State involving the same cause of action and between the same parties. The referring court asked whether Article 34 (4) of Regulation No 44/2001 must be interpreted as also covering irreconcilable judgments given by the courts of the same Member State. The Court answered in the negative in so far as the situation envisaged by art. 34 (4) is that where irreconcilable judgments are given in two different Member States.
Judgment of the Court; 3 October 2013	C-386/12	Siegfried János Schneider	At stake was the interpretation of art. 22 (1) of the Regulation 44/2001 with reference to the non-contentious proceedings concerning a person who has been declared to be lacking full legal capacity and placed under guardianship in accordance with the law of that State applies to a court in another Member State for authorisation to sell his share of a property situated in that other Member State. The Court held that, since the matters related to “the status or legal capacity of natural persons” fall outside the scope of the regulation, according to its art. 1(2)(a), art. 22 (1) must be interpreted as not applying to such proceeding.
Judgment of the Court	C-170/12	Peter Pinckney/KDG Mediatech AG.	At stake was the scope of application of art. 5(3) of the Regulation 44/2001 with reference to the infringment of copyright law. The Court held that this article must be interpreted as meaning that, in the event of alleged infringement of copyrights protected by the Member State of the court seised, the latter has jurisdiction to hear an action to establish liability brought by the author of a work against a company established in another Member State and which has, in the latter State, reproduced that work on a material support which is subsequently sold by companies established in a third Member State through an internet site also accessible with the jurisdiction of the court seised. However, that court has jurisdiction only to determine the damage caused in the Member State within which it is situated.
Judgment of the Court; 17 October 2013	C-519/12	OTP Bank Nyilvánosan Működő Részvénytársaság/Hochtief Solutions AG	At stake was the interpretation of art. 5(1)(a) of the Regulation (EC) No 44/2001 with reference to the action brought by a creditor against a company holding a controlling share in the debtor company which is a party to the contract pursuant to the specific national rules governing the liability of the first company. The referring court asked, in essence, whether the action by a creditor, on the basis of a credit agreement, against a company holding a controlling share in the debtor company, which is a party to the contract, should be regarded as concerning “matters relating to a contract”. The Court answered in the negative in so far as there was only an indirect relationship between the creditor and the company at issue in the main proceeding.
Judgment of the Court; 14 November 2013	C-478/12	Armin Maletic, Marianne Maletic/lastminute.com GmbH, TUI Österreich GmbH,	At sta   At stake was the interpretation the Regulation (EC) No 44/2001 with reference to the contract for travel concluded between a consumer domiciled in one Member State and a travel agency established in another Member State. The referring court asked whether the concept of “the other party to a contract” laid down in Article 16 (1) of Regulation 44/2001 must be interpreted as meaning that it also covers, in circumstances such as those at issue in the main proceedings, the contracting partner of the operator with which the consumer concluded that contract, which has its registered office in the Member State in which the consumer is domiciled. In light of the recitals 13 and 15 in the preamble to the Regulation, which aim, respectively, to ensure an high level of consumer protection and to minimise the possibility of concurrent proceedings, the Court held that the concept of “the other party to the contract” must be interpreted as meaning that it also covers the contracting partner of the operator with which the consumer concluded that contract.

Requests

	Case-number	Parties	Subject-matter
Request for a preliminary ruling from the Handelsgericht Wien (Austria) lodged on 3 July 2013 –	C-375/13	Harald Kolassa v Barclays Bank PLC	A. Interpretation of art. 15 (1) of Regulation (EC) 44/2001; whether an applicant, who has acquired a bearer bond as a consumer makes claims against the issuer of the bond based on prospectus liability can invoke that ground of jurisdiction, if, by purchasing the security from a third party, the applicant has entered derivatively into the contractual relationship between the issuer and the original subscriber of the bond; Jurisdiction under art. 5 (1) of Regulation (EC) 44/2001.B. Notion of “matters relating to a contract”; whether the applicant, who has acquired a bearer bond as a consumer makes claims against the issuer of the bond based on prospectus liability can invoke that ground of jurisdiction, if, by purchasing the security from a third party, the applicant has entered derivatively into the contractual relationship between the issuer and the original subscriber of the bond; Jurisdiction under art. 5 (1) of Regulation (EC) 44/2001C. Interpretation of Art. 5(3) of Regulation (EC) 44/2001; whether prospectus liability claims fall within matters related to tort, delict or quasi-delict; notion of “the place where the harmful event occurred or may occur”D. Interpretation of art. 25 and 26 of Regulation (EC) 44/2001; whether the court, in assessing the jurisdiction,  should conduct a comprehensive taking of evidence in relation to disputed facts which are of relevance both for the question of jurisdiction and for the existence of the claim (“doubly relevant facts”) or should it start from the premise that the facts asserted by the applicant are correct
Request for a preliminary ruling from the Landgericht Dortmund (Germany) lodged on 26 June 2013	C-352/13	Cartel Damage Claims Hydrogen Peroxide SA (CDC) v Evonik Degussa GmbH, Akzo Nobel N.V., Solvay SA, Kemira Oyj, Arkema France, FMC Foret SA, Chemoxal SA, Edison SpA	Interpretation of art. 5(1) and (3), and Article 6(1) of Regulation (EC) 44/200; action brought against several defendants domiciled in different Member States; situation in which proceedings have been discontinued against a defendant domiciled in the Member State of the court after the action has been served on all defendants but before the expiry of the period for lodging a defence
Request for a preliminary ruling from the Handelsgericht Wien (Austria) lodged on 5 August 2013	C-441/13	Pez Hejduk/  EnergieAgentur NRW GmbH	Interpretation of art. 5 (3) Regulation (EC) 44/2001;notion of “place where the harmful event occurred or may occur; Infringement of rights related to copyright which is alleged to have been committed in that a photograph was kept accessible on a website; website operated under the top-level domain of a Member State other than that in which the proprietor of the right is domiciled

 

Rome Convention on the applicable law to contractual oobligation (Directive 19/6/1980)

 

Judgements

	Case-number	Parties	Subject-matter
Judgment of the Court; 17 October 2013	C-184/12	United Antwerp Maritime Agencies (Unamar) NV/Navigation Maritime Bulgare	The Court was asked to determine whether the law of a Member State which transposed the Directive 86/653/EEC on self-employed commercial agents, ensuring a wider protection than that provided for by the directive, can impose this level of protection under art. 7 (2) of the Rome Convention, even where the lex contractus is the law of another Member State which has transposed the directive meeting its minimum requirements. Following the opinion of the AG Wahl, the Court held that the latter may be rejected by the court of the Member State before which the case has been brought in favour of the law of the forum, due to the mandatory nature of the rules governing the situation of self-employed commercial agents in that Member State, only if this court finds, on the basis of a detailed assessment, that, in the course of that transposition, the legislature of the State of the forum held it to be crucial to grant the commercial agent protection going beyond that provided for by that directive, taking account in that regard of the nature and of the objective of such mandatory provisions.

Product liability (Directive 85/374/EEC)

Requests

	Case-number	Parties	Subject-matter
Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 19 September 2013	C-503/13	Boston Scientific Medizintechnik GmbH/AOK Sachsen-Anhalt	Interpretation of art. 1, 6 (1) and art. 9 of the Directive 85/374/EEC; meaning of defective products and of damage caused by personal injury; medical device which is part of a group with a high risk of defects; damage arising from implantation and explantation surgery
Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 19 September 2013	C-504/13	Boston Scientific Medizintechnik GmbH v Betriebskrankenkasse RWE	Interpretation of art. 1, 6(1) and art. 9 the Directive 85/374/EEC; meaning of defective products and of damage caused by personal injury; medical device which is part of a group with a high risk of defects; damage arising from implantation and explantation surgery

 

 

 

 

 

EUROPEAN RESEARCH COUNCIL

Statement from ERC President Porf. Helga Nowotny regarding European Parliament vote on Horizon 2020

http://erc.europa.eu/sites/default/files/press_release/files/ERC_President_Statement.pdf

Draft European Research Council Work Programme 2014 (with indicative budget for 2015)

http://erc.europa.eu/sites/default/files/document/file/Draft_ERC_Work_Programme_2014.pdf

ERC President Helga Nowotny in Naples: “A culture of excellence is a priority for Italy”

http://erc.europa.eu/sites/default/files/press_release/files/ERC_Highlight_Excellence_Italy.pdf

European Research Council, a fervent defender of Social Sciences and Humanities at Vilnius conference, Lithuania

http://erc.europa.eu/sites/default/files/press_release/files/ERC_press_highlight_Vilnius2013.pdf

European Research Council takes a further step forward open access by joining arXiv

http://erc.europa.eu/sites/default/files/press_release/files/ERC_press_release_arXiv.pdf

EUROPEAN COMMISSION

DG COMPETITION: Speeach by Joaquín Almunia on Intellectual property and competition policy

http://europa.eu/rapid/press-release_SPEECH-13-1042_en.htm

DG COMPETITION: Commission fines banks € 1.71 billion for participating in cartels in the interest rate derivatives industry

http://europa.eu/rapid/press-release_IP-13-1208_en.htm

DG COMPETITION: Introductory remarks on cartels in the financial sector

 

http://europa.eu/rapid/press-release_SPEECH-13-1020_en.htm

DG COMPETITION: Modernisation for an integrated EU energy market

http://europa.eu/rapid/press-release_SPEECH-13-1005_en.htm

DG COMPETITION: Speech by Joaquín Almunia on Antitrust damages in EU law and policy

 

http://europa.eu/rapid/press-release_SPEECH-13-887_en.htm

 

DG COMPETITION: Commission consults on draft guidelines for supporting firms in difficulty

http://europa.eu/rapid/press-release_IP-13-1037_en.htm

 

DG COMPETITION: Commission consults on commitments offered by Samsung Electronics regarding use of standard essential patents

http://europa.eu/rapid/press-release_IP-13-971_en.htm

DG COMPETITION: Commission seeks feedback on commitments offered by Samsung Electronics to address competition concerns on use of standard essential patents – questions and answers

http://europa.eu/rapid/press-release_MEMO-13-910_en.htm

DG COMPETITION: Speech by Joaquín Almunia on Competition among financial markets operators

http://europa.eu/rapid/press-release_SPEECH-13-834_en.htm

DG COMPETITION: Commission adapts crisis rules for banks – frequently asked questions

 

http://europa.eu/rapid/press-release_MEMO-13-886_en.htm

DG COMPETITION: Speeach by Joaquín Almunia on The Google antitrust case: what is at stake?

http://europa.eu/rapid/press-release_SPEECH-13-768_en.htm

DG COMPETITION: Speeach by Joaquín Almunia on Abuse of dominance: a view from the EU

http://europa.eu/rapid/press-release_SPEECH-13-758_en.htm

DG COMPETITION: Speeach by Joaquín Almunia on Banks in distress and Europe’s competition regime: On the road to the Banking Union

http://europa.eu/rapid/press-release_SPEECH-13-750_en.htm

DG ECONOMIC AND FINANCIAL AFFAIRS: Flash Consumer Confidence Indicator

http://europa.eu/rapid/press-release_IP-13-992_en.htm?locale=en

DG ECONOMIC AND FINANCIAL AFFAIRS: Speeach by Olli Rehn on Building Europe’s recovery, rebuilding its monetary union

http://europa.eu/rapid/press-release_SPEECH-13-772_en.htm?locale=en

DG EMPLOYMENT, SOCIAL AFFAIRS AND INCLUSION: Commission welcomes Council agreement on enforcement of posted workers safeguards

http://europa.eu/rapid/press-release_IP-13-1230_en.htm?locale=en

DG ENERGY: Guidance for state intervention in electricity

http://europa.eu/rapid/press-release_MEMO-13-948_en.htm

DG ENERGY: Making Europe’s cities smarter

http://europa.eu/rapid/press-release_IP-13-1159_en.htm

DG ENERGY: Speech by Günther Oettinger on The future of TSOs – electricity and gas highways

http://europa.eu/rapid/press-release_SPEECH-13-748_en.htm

DG ENTERPRISE AND INDUSTRY: Commission opens in-depth inquiry into UK financing for small and medium enterprises

http://ec.europa.eu/enterprise/newsroom/cf/itemdetail.cfm?item_id=7095&lang=en&title=Commission-opens-in-depth-inquiry-into-UK-financing-for-small-and-medium-enterprises

DG HEALTH AND CONSUMERS: Statement by Health Commissioner, Tonio Borg, on the entry into force of the Directive on Patients’ Rights in Cross-border Healthcare

http://europa.eu/rapid/press-release_MEMO-13-932_en.htm

DG HUMAN RESOURCES AND SECURITY: Speech by Maroš Šefčovič on 20 years of co-decision

http://europa.eu/rapid/press-release_SPEECH-13-875_en.htm

DG INTERNAL MARKET AND SERVICES: Commissioner Barnier welcomes the European Parliament’s adoption of new rules on mortgages

http://europa.eu/rapid/press-release_MEMO-13-1126_en.htm?locale=en

DG INTERNAL MARKET AND SERVICES: Creating a fair single market for mortgage credit – FAQ

http://europa.eu/rapid/press-release_MEMO-13-1127_en.htm?locale=en

DG INTERNAL MARKET AND SERVICES: Copyright – Commission launches public consultation

http://europa.eu/rapid/press-release_IP-13-1213_en.htm?locale=en

DG INTERNAL MARKET AND SERVICES: European Commission proposal to pave way for unitary patent backed by Ministers

http://europa.eu/rapid/press-release_MEMO-13-1109_en.htm

DG INTERNAL MARKET AND SERVICES: Posting of workers – EU safeguards against social dumping

http://europa.eu/rapid/press-release_MEMO-13-1103_en.htm

DG INTERNAL MARKET AND SERVICES: Commission proposes rules to help protect against the theft of confidential business information

http://europa.eu/rapid/press-release_IP-13-1176_en.htm?locale=en

DG INTERNAL MARKET AND SERVICES: Commission adopted regulation regarding certain international accounting standards

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:312:0001:01:EN:HTML

DG INTERNAL MARKET AND SERVICES: Philippe Maystadt presents his recommendations for enhancing the EU’s role in international accounting standard-setting

http://europa.eu/rapid/press-release_IP-13-1065_en.htm?locale=en

DG INTERNAL MARKET AND SERVICES: The Commission intends not to endorse ESMA’s draft implementing technical standards submitted by ESMA on 7 August 2013

http://ec.europa.eu/internal_market/financial-markets/derivatives/index_en.htm#communications

DG INTERNAL MARKET AND SERVICES: Council gives final approval for theSingle Supervisory Mechanism, the first pillar of the Banking Union

http://europa.eu/rapid/press-release_MEMO-13-899_en.htm?locale=en

DG INTERNAL MARKET AND SERVICES: Speech by Jonathan Faull on The Single Market as a catalyst for growth

http://ec.europa.eu/internal_market/speeches/docs/2013/20131016_speech-faull_en.pdf

DG INTERNAL MARKET AND SERVICES: Crowdfunding in the EU – exploring the added value of potential EU action

http://europa.eu/rapid/press-release_IP-13-906_en.htm?locale=en

DG JUSTICE: Speech by Viviane Reding on Towards a federal Europe – what we can learn from our central banks

http://europa.eu/rapid/press-release_SPEECH-13-1007_en.htm

DG JUSTICE: Shopped online and want your money back? Commission Proposal on Small Claims helps consumers and SMEs

http://europa.eu/rapid/press-release_IP-13-1095_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

European Commission urges MEPs and governments to cut red tape for telecom companies

http://europa.eu/rapid/press-release_IP-13-1211_en.htm

Commission publishes practical guidelines for businesses on new VAT rules

http://europa.eu/rapid/press-release_IP-13-1004_en.htm

Speech by Neelie Kroes on Every European digital on a connected continent

http://europa.eu/rapid/press-release_SPEECH-13-829_en.htm

Speech by by Neelie Kroes on One single telecom market for Europe!

http://europa.eu/rapid/press-release_SPEECH-13-787_en.htm

COUNCIL OF EUROPEAN UNION

Council adopts regulation on the Connecting Europe Facility

Today’s Transport, Telecommunications and Energy Council adopted the Connecting Europe Facility (CEF), the future funding instrument for the trans-European networks (TEN) in the fields of transport, energy and telecommunications (76/13; statements: 16096/13 ADD1 + ADD2).

The regulation establishing the CEF determines the conditions, methods and procedures for the Union’s financial contribution to TEN projects. It replaces the existing legal bases for TEN funding.

The CEF’s overarching objective 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.

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/trans/139932.pdf

Council and European Parliament agree on guidelines for trans-European telecommunications networks

On 15 November 2013, the Lithuanian Presidency informed the European Parliament that, on 8 November, the member states’ Permanent Representatives endorsed the compromise reached between the Council and the Parliament on 5 November concerning new guidelines for the deployment and interoperability of telecommunications infrastructure projects of common interest in the field of trans-European telecommunications networks (TEN-Tele) (16063/13).

The new regulation lays down the criteria on the basis of which actions in this area are eligible for EU financial assistance and sets the priorities for funding.

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/trans/139604.pdf

European Council: focus on the digital economy

http://www.european-council.europa.eu/home-page/highlights/european-council-focus-on-the-the-digital-economy?lang=en

Investment funds: Council sets out its position on UCITS (undertakings for collective investment in transferable securities)

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ecofin/139897.pdf

Railway safety – Council agrees its position

On 10 October 2013, The Council agreed a general approach on new rules for the safety of European railways. This recast of the 2004 railway safety directive is aimed at further improving the safety of the Union’s railways and facilitating access to the market for rail transport services.

The draft directive is applicable to the rail system as a whole, including the management of infrastructure and operation of the traffic. Local rail systems, such as metros, trams and other light rail systems, are excluded.

In order to operate, a railway undertaking has to possess a safety certificate. While safety certificates are currently issued by each member state, the text agreed by ministers provides for a dual system of safety certification introducing a single safety certificate.

The European Railway Agency (ERA) would serve as a one-stop-shop for railway undertakings operating in more than one member state, but national authorities would retain an important role in carrying out the assessments necessary for the issuance of the safety certificate. Where the area of operation is limited to one member state, the applicant may choose to submit a request for certification either to the Agency or to the national safety authority.

The new provisions will also clarify the roles and responsibilities of the different actors involved.

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/trans/138961.pdf

EUROPEAN PARLIAMENT

PRESS RELEASE PLENARY SESSION: ECB activities under the spotlight

Parliament holds its annual debate on the European Central Bank;s activites with its President, Mario Draghi, from 9 a.m. on 11 December 2013. MEPs will then vote on a resolution which will take stock of the ECB’s actions in 2012 and make suggestions on how the ECB should step up its activities, notably to help the real economy and small businesses recover from the crisis.

http://www.europarl.europa.eu/news/en/news-room/content/20131206IPR30067/html/ECB-activities-under-the-spotlight

PRESS RELEASE PLENARY SESSION: New mortgage rules to be properly enforced EU-wide

Measures to enforce EU rules that will ensure home buyers across the EU are fully informed of the real costs of taking on a mortgage, and properly protected against the worst risks, were approved by MEPs on 10 December 2013, in a vote on legislation already agreed with EU member states.

http://www.europarl.europa.eu/news/en/news-room/content/20131206IPR30025/html/New-mortgage-rules-to-be-properly-enforced-EU-wide

PRESS RELEASE PLENARY SESSION: Medical implants: better controls and traceability to ensure patients’ safety

Stricter monitoring and certification procedures to ensure full compliance and traceability of medical devices such as breast or hip implants were agreed by Parliament on 22 October 2013. MEPs also tightened up information and ethical requirements for diagnostic medical devices used for example in pregnancy or DNA testing. They will now start negotiating the final rules with member states.

http://www.europarl.europa.eu/news/en/news-room/content/20131021IPR22721/html/Medical-implants-better-controls-and-traceability-to-ensure-patients%E2%80%99-safety

PRESS RELEASE ECON: Sorting out troubled banks – Economic and Monetary Committee starts work on rules

Rapporteur for rules on dealing with struggling banks Elisa Ferreira (S&D, PT) backed the key tenets of the Commission’s proposal on 14 October 2013, including placing the EU executive at the heart of the system. She nonetheless tabled amendments requiring a financial safety net until the EU bank crisis fund is fully funded, strengthening depositor protection, and clarifying responsibilities at each stage of dealing with a failing bank. The amendments also step up European Parliament oversight.

 

http://www.europarl.europa.eu/news/en/news-room/content/20131014IPR22238/html/Sorting-out-troubled-banks-Economic-and-Monetary-Committee-starts-work-on-rules

PRESS RELEASE ECON: Banking union tops agenda in discussion with Draghi

The practical details of setting up a single bank resolution system and fund, the upcoming bank balance sheet health checks and next steps for Greece were the key issues Economic and Monetary Affairs Committee MEPs raised with European Central Bank President Mario Draghi on 23 September 2013. MEPs also discussed the economic risk landscape with Mr Draghi, in his capacity as Chair of the European Systemic Risk Board.

http://www.europarl.europa.eu/news/en/news-room/content/20130923IPR20605/html/Banking-union-tops-agenda-in-discussion-with-Draghi

PRESS RELEASE EMPL: Employment MEPs boost freedom of movement for workers throughout the EU

Measures to help EU citizens who want to work in another member state by clarifying their right to freedom of movement, providing suitable means of redress at national level if they suffer discrimination, and setting up contact and information points in the member states were adopted by employment MEPs on 06 November 2013.

http://www.europarl.europa.eu/news/en/news-room/content/20131104IPR23619/html/Employment-MEPs-boost-freedom-of-movement-for-workers-throughout-the-EU

PRESS RELEASE ENVI: How to prevent medical devices from posing a health risk

Medical devices are in need of a health check following recent scandals with breast and hip implants across Europe. New rules requiring stricter safety checks are to be voted on by MEPs on Tuesday 22 October during this week’s plenary. MEPs also called for stricter rules on informed consent on DNA testing.

http://www.europarl.europa.eu/news/en/news-room/content/20130923STO20631/html/How-to-prevent-medical-devices-from-posing-a-health-risk

PRESS RELEASE ENVI: how new product rules will improve safety for consumers

Worried about mobile phones exploding in your faces or toys falling apart in the hands of your kids? So is the EP. To ensure products are safer for people to use, the EP’s consumer protection committee adopted two reports on 17 October. Under the plans consumers would receive more information about what they were buying and products would be subject to higher safety requirements. We talked to the two MEPs behind the proposals about how the new rules would improve safety for consumers.

http://www.europarl.europa.eu/news/en/news-room/content/20131014STO22260/html/Interview-how-new-product-rules-will-improve-safety-for-consumers

PRESS RELEASE IMCO: Internal market MEPs tighten up product safety and market surveillance rules

Consumers should be given more information about the goods they buy, including where they were produced and whether they have been properly tested, and potentially dangerous goods should be taken off the market faster, said the Internal Market Committee on 17 October 2013. The committee endorsed two draft laws stepping up product safety requirements and market surveillance rules.

http://www.europarl.europa.eu/news/en/news-room/content/20131014IPR22237/html/Internal-market-MEPs-tighten-up-product-safety-and-market-surveillance-rules

PRESS RELEASE ITRE: EU e-signature plan to make electronic deals safer and easier

Companies, citizens and public authorities wanting to strike cross-border deals should have access to easy and trustworthy ways to sign and certify documents, said Parliament’s Industry Committee on Monday. To this end, it endorsed a draft EU law that would require EU member states to recognise each other’s electronic identification systems.

 

http://www.europarl.europa.eu/news/en/news-room/content/20131014IPR22239/html/EU-e-signature-plan-to-make-electronic-deals-safer-and-easier

PRESS RELEASE JURI: Collective management of copyright: EP and Council strike a deal

On-line music service providers will be able to get licenses more easily under a provisional deal struck by Parliament and Council negotiators on 05 November 2013. The new rules are intended to stimulate the creation of EU-wide online music services for consumers and ensure that creators’ rights are better protected and their royalties are paid more quickly.

http://www.europarl.europa.eu/news/en/news-room/content/20131105IPR23815/html/Collective-management-of-copyright-EP-and-Council-strike-a-deal

PRESS RELEASE OTHERS: EU best placed to regulate banks, says Eurobarometer poll

Over half of EU citizens feel that banks should be regulated by the EU, rather than national governments. Half also believe that they would be better protected against the economic crisis if their countries coordinated anti-crisis measures with other EU member states, suggests a Eurobarometer poll published on 18 October 2013.

http://www.europarl.europa.eu/news/en/news-room/content/20131014IPR22251/html/EU-best-placed-to-regulate-banks-says-Eurobarometer-poll

MEETING DOCUMENTS ECON: Draft Report with recommendations to the Commission on the European System of Financial Supervision (ESFS) Review

http://www.europarl.europa.eu/meetdocs/2009_2014/documents/econ/pr/1005/1005716/1005716en.pdf

MEETING DOCUMENTS ECON: Draft Report on the proposal for a regulation establishing uniform rules and procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Bank Resolution Fund

http://www.europarl.europa.eu/meetdocs/2009_2014/documents/econ/pr/1004/1004258/1004258en.pdf

MEETING DOCUMENTS ECON: Draft Opinion on the proposal for a directive regards disclosure of non-financial and diversity information by certain large companies and groups

 

http://www.europarl.europa.eu/meetdocs/2009_2014/documents/econ/pa/1003/1003840/1003840en.pdf

MEETING DOCUMENTS ECON: Draft Report on the proposal for a regulation of the European Parliament and of the Council on indices used as benchmarks in financial instruments and financial contracts

http://www.europarl.europa.eu/meetdocs/2009_2014/documents/econ/pr/1009/1009520/1009520en.pdf

 

MEETING DOCUMENTS ECON: Motion for a Resolution on EU cooperation agreements on competition policy enforcement – the way forward

http://www.europarl.europa.eu/meetdocs/2009_2014/documents/econ/re/1009/1009046/1009046en.pdf

MEETING DOCUMENTS ECON: Draft Report on the proposal for a directive on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of  the European Union

http://www.europarl.europa.eu/meetdocs/2009_2014/documents/econ/pr/1002/1002311/1002311en.pdf

MEETING DOCUMENTS ITRE: Proposal for a Regulation on indices used as benchmarks in financial instruments and financial contracts

http://www.europarl.europa.eu/meetdocs/2009_2014/documents/com/com_com(2013)0641_/com_com(2013)0641_en.pdf

MEETING DOCUMENTS ITRE: Draft Report on the proposal for a regulation laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent

http://www.europarl.europa.eu/meetdocs/2009_2014/documents/itre/pr/1007/1007625/1007625en.pdf

MEETING DOCUMENTS ITRE: Public Hearing on The Commission’s proposal on measures concerning the European single market for electronic communications

http://www.europarl.europa.eu/meetdocs/2009_2014/documents/itre/dv/telecom_hearing_/telecom_hearing_en.pdf

TIMETABLE IMCO: Package travel and assisted travel arrangements

Presentation of IA by COM	17 October 2013
Hearing in IMCO (1h30)	4-5 November 2013
Draft report to translation	21 November 2013
Exchange of views	16/17 December 2013
Deadline of AMs	18 December 13 @ 12.00
Consideration of AMs	22-23 January 2014
Consideration of CA	10 February 2014
Vote in IMCO	11 February 2014
Vote in plenary	March, 2014

TIMETABLE IMCO: Protection of Consumers in Utilities Services

Deadline to send the draft report to translation	7 November 2013
Consideration of the draft report	27/28 November 2013
Deadline for amendments	10 December 2013 at 12h00
Consideration of amendments	22/23 January 2014
Vote in IMCO	11 February 2014

TIMETABLE IMCO: regulatory framework for electronic communication

Presentation impact assessment	17 Oct 2013
Exchange of views	4/5 Nov
Deadline to send the draft  opinion to translation	7 November 2013
Hearing	27 November 2013
Consideration of the DA	28 November 2013
Deadline for amendments	3 December 2013 at 12h00
Consideration of (comp.) AM	9 January 2014
Vote in IMCO	22 January 2014
Vote in ITRE	23 January 2014
Vote in plenary	12/13 February 2014

IMCO TIMETABLE: Consumer product safety

Presentation of COM and impact assessment and Exchange of views	7 May
Deadline for sending the report to translation	11 June
Hearing	29 May
Consideration of the Draft Report	8-9 July
Deadline for amendments	4 September at 12h00
Consideration of amendments	25-26 September
Consideration of Comrpomise amendments	14 October
Vote in IMCO	17 October
Vote in plenary (tentatively)	March 2014

IMCO TIMETABLE: Unfair commercial practices directive

Exchange views	27 June
Deadline for sending the report to translation	24 September 2013
Consideration of the Draft Report	17 October 2013
Deadline for amendments	23 October at 12h00
Consideration of amendments	27-28 September
Consideration of CA (if necessary)	16 December
Vote in IMCO	17 December
Vote in plenary	Beginning of 2014

PARLIAMENTARY QUESTIONS: Unfair commercial practices

http://www.europarl.europa.eu/sides/getDoc.do?type=WQ&reference=E-2011-008553&format=XML&language=EN

http://www.europarl.europa.eu/sides/getDoc.do?type=WQ&reference=E-2010-7909&format=XML&language=EN

http://www.europarl.europa.eu/sides/getDoc.do?type=WQ&reference=E-2009-5062&format=XML&language=EN

EUROPEAN ECONOMIC AND SOCIAL COMMITTEE

Single Resolution Mechanism is a cornerstone of the banking union, says the EESC

http://www.eesc.europa.eu/?i=portal.en.press-releases.29775

NEWSWIRES

EurActiv: Time for sensible reforms on technology patents

http://www.euractiv.com/infosociety/time-sensible-reforms-technology-analysis-531655

EurActiv: EU losing power struggle with national telecoms bodies

The European Commission will this week issue a rebuttal against the Italian telecoms regulator for its proposed reduction of broadband fees. The move comes after several similar actions aimed at asserting EU powers against national authorities, but it risks proving ineffective.

http://www.euractiv.com/infosociety/kroes-risk-losing-power-struggle-news-532195

 

EurActiv: 2030 energy & climate framework

http://www.euractiv.com/search/apachesolr_search/energy?filters=created%3A%5B2013-01-01T00%3A00%3A00Z%20TO%202014-01-01T00%3A00%3A00Z%5D%20language%3Aen

OTHERS

BEUC: EU paves way for the bank accounts consumers actually need

http://docshare.beuc.org/docs/1/EGFNAJBBNIKLMEBKFDLPDDOLPDW69DBWWY9DW3571KM/BEUC/docs/DLS/2013-00811-01-E.pdf

BEUC: Bank account plans: Timid steps towards more transparency

http://docshare.beuc.org/docs/2/EGFNAJBBNIKLMEBKFDLPDDOLPDW69DB32K9DW3571KM/BEUC/docs/DLS/2013-00754-01-E.pdf

BEUC: EU moves to lift financial investment product fog

http://www.beuc.org/BEUCNoFrame/Docs/1/DMHJJIBBGAPOFFMKPELOECAPPDW69DB3269DW3571KM/BEUC/docs/DLS/2013-00753-01-E.pdf