EU

The Swedish Council Presidency is hosting what could prove to be a timely and politically important conference on this subject on 22 October 2009, reviving the tradition started under the UK Presidency in late 2005. 

See http://www.se2009.eu/en/meetings_news/2009/10/22/a_common_frame_of_reference_for_european_contract_law 

The Commission has produced a handbook of EU rules applicable to merger control, as at 14 July 2009. 

See: http://ec.europa.eu/competition/mergers/legislation/merger_compilation.pdf 

The two regulations recently adopted, establishing procedures for the negotiation, conclusion and variation of bi-lateral agreements between Member States and third countries, on respectively, applicable law in contractual and non-contractual obligations; and on jurisdiction, recognition and enforcement of judgments and decisions in family law areas, were both published in the official journal (OJ L200 of 31.07.09) and entered into force in August. 

In July, the House of Lords EU Committee adopted its Report on this October 2008 proposal. The Bar Council had given evidence to its preceding inquiry. For the report, see: http://www.publications.parliament.uk/pa/ld200809/ldselect/ldeucom/126/126i.pdf and for
the supporting evidence, see: http://www.publications.parliament.uk/pa/ld200809/ldselect/ldeucom/126/126ii.pdf 

The report has been quite well received in Brussels, despite being rather critical of the current Commission proposal in places. It takes a similar line to the Bar Council on the fundamental issue of the level of harmonisation, urging that rather than apply maximum harmonisation across the board, the Commission should aim for what it terms “differentiated harmonisation”. 

A date for your diary: Chalfen Memorial Lecture, 6 November 2009, 14h00 to 16h00 at the British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London, WC1B 5JP. Jonathan Faull, Director General of the European Commission's JLS Department is the guest speaker, and the event will be chaired by Stephen Walzer, Member of the UK Competition Commission. For further details, see www.biicl.org or Email: eventsregistration@biicl.org, Telephone: 020 7862 5151. 

The 2009 proposal for a Framework Decision (Procedure reference 2009 0802/CNS) to resolve jurisdictional conflicts in criminal cases, limited in scope to situations where the same person(s) are subject to parallel proceedings in different Member States in respect of the same facts (which might infringe the ne bus in idem principle), looks set to be agreed upon by the EP and the Council in time to allow it to be adopted at the JHA Council meeting on 23 October 2009. 

Work is underway in the new Parliament to progress the Commission’s 2009 proposal for a directive to combat late payments in commercial transactions between businesses, or between businesses and public authorities. Once adopted, it will repeal and replace Directive 2000/35/EC which over time, has been found to be inadequate. 

See: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0126:FIN:EN:PDF 

The EU institutions are engaged in strenuous efforts to create a Unified EU Patent Litigation system, and within that, to secure an Agreement on the European and Community Patents Court and Draft Statute. To that end, the Commission has produced a working document setting out draft rules of procedure, limited at this stage to procedural rules before the Court of First Instance. 

See: http://register.consilium.europa.eu/pdf/en/09/st11/st11813.en09.pdf The relevant Council working group is to meet repeatedly in the coming weeks, under the enthusiastic watch of the Swedish Council Presidency, to try to reach agreement. 

The Commission is hosting the above-titled 1-day conference in Brussels on 21 October 2009. The draft agenda and details for registration etc are available at: http://ec.europa.eu/competition/consumers/events/2009/index.html 

The Bar Council is encouraging all barrister with an interest in starting or developing their international practice to attend the IBA Annual Conference, which the biggest conference dedicated to bringing together lawyers with an international practice. The Bar Council is will have a stall promoting the Bar to the around 4000 international practitioners attending. In addition it host a networking reception for 300 guests at the Westin Hotel on Tuesday 6 October, which all barristers present in Madrid are invited to attend. For distribution both at the stall and at the reception the International Committee is publishing a brochure “Barristers in the International Legal Market”. All chambers have been sent a letter inviting them to advertise in this publication, which also be used at subsequent events. The deadline for adverts to be submitted 7 September. Please contact Rukaiya Bhegani for further details at Rbhegani@barcouncil.org.uk or on 020 7611 1357.