Fostering cross-border investment – Law applicable to the third-party effects of assignments of claims

18-06-2018

The Commission is proposing to harmonise the conflict of law rules in regard to the applicable national law applicable to third-party effects in the case of cross-border assignments of rights. This initial appraisal of the Commission’s impact assessment on the proposal observes that the impact assessment is characterised by a lack of quantitative evidence and this is acknowledged explained by the impact assessment itself. The IA, however, still seems to make a reasonable case for the proposal on the basis mostly of legal analysis and supported by anecdotal evidence gathered through the stakeholder consultation.

The Commission is proposing to harmonise the conflict of law rules in regard to the applicable national law applicable to third-party effects in the case of cross-border assignments of rights. This initial appraisal of the Commission’s impact assessment on the proposal observes that the impact assessment is characterised by a lack of quantitative evidence and this is acknowledged explained by the impact assessment itself. The IA, however, still seems to make a reasonable case for the proposal on the basis mostly of legal analysis and supported by anecdotal evidence gathered through the stakeholder consultation.