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Expedited settlement of commercial disputes in the European Union

05-12-2018

The EU legal services market is the second largest in the world. Commercial, business to business (B2B) litigation is one of the largest segments of the legal services market. The EU measures on choice of law, choice of forum and enforcement proved to be successful in supporting EU competitiveness. However, to enhance competitiveness of the EU litigation market and ensure further growth, a set of EU measures to simplify and expedite settlement of commercial disputes is needed. The EU measures should ...

The EU legal services market is the second largest in the world. Commercial, business to business (B2B) litigation is one of the largest segments of the legal services market. The EU measures on choice of law, choice of forum and enforcement proved to be successful in supporting EU competitiveness. However, to enhance competitiveness of the EU litigation market and ensure further growth, a set of EU measures to simplify and expedite settlement of commercial disputes is needed. The EU measures should focus on the enhancement of procedural efficiency, among other things, by taking action to reduce length of procedure. The 2018 European Added Value Assessment (EAVA) suggests that the EU actions to expedite settlement of commercial disputes could generate European added value for the EU economy and businesses in the range of 4.6 to 5.7 billion EUR annually. The European added value can be created through increase in direct contribution of litigation services revenues to the EU economy and through reduction of opportunity costs to business associated with length of judicial proceedings.

COLLECTIVE REDRESS IN THE MEMBER STATES OF THE EUROPEAN UNION

03-10-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, aims to assess the current state of play of collective redress at national and European levels, evaluate the opportunity of a European intervention in the matter and provide the European Parliament with concrete recommendations. Both the assessment and the recommendations have been drafted keeping in mind the essential issue raised ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, aims to assess the current state of play of collective redress at national and European levels, evaluate the opportunity of a European intervention in the matter and provide the European Parliament with concrete recommendations. Both the assessment and the recommendations have been drafted keeping in mind the essential issue raised by collective redress: access to justice. This principle, which is essential in a Union enforcing the rule of law, is currently challenged by the existing divergences. As such the creation of harmonised collective redress mechanism is becoming an increasingly pressing matter.

Autor extern

Rafael AMARO, Associate Professor at the University Paris-Descartes, France Maria José AZAR-BAUD, Associate Professor at Paris-Sud University, France Sabine CORNELOUP, Professor at the University Paris II Panthéon-Assas, France Bénédicte FAUVARQUE-COSSON, Professor at the University Paris II Panthéon-Assas, France Fabienne JAULT-SESEKE, Professor at the University of Versailles-Saint-Quentin-en-Yvelines, France

The role of constitutional courts in multi-level governance - European Union: The Court of Justice of the European Union

30-11-2016

This study will analyse the role and competences assigned to the Court of Justice of the European Union by the founding Treaties, the Statute and the Rules of Procedure. Particular attention will be paid to the functions carried out by the Court in resolving disputes between institutions, between the Member States and between the Members States and the institutions in a multi-level governance system. The objective is to facilitate comparison with the competences granted to the Constitutional Courts ...

This study will analyse the role and competences assigned to the Court of Justice of the European Union by the founding Treaties, the Statute and the Rules of Procedure. Particular attention will be paid to the functions carried out by the Court in resolving disputes between institutions, between the Member States and between the Members States and the institutions in a multi-level governance system. The objective is to facilitate comparison with the competences granted to the Constitutional Courts of the Member States. This study was written by Prof Dr Vincenzo Salvatore of the University of Insubria, Varese (Italy), at the request of the Comparative Law Library Unit of the Directorate-General for Parliamentary Research Services (DG EPRS) of the General Secretariat of the European Parliament.

Autor extern

DG, EPRS; EPRS, DG

Orders for payment in the EU: National procedures and the European Order for Payment

04-12-2013

Every year, 1 million small businesses in the EU face problems with collecting cross-border debts, and as much as €600 million in cross-border claims are never satisfied. Domestic orders for payment, which exist in many Member States, are an effective tool for the collection of domestic debts, but often are not practical for cross-border use. Therefore, in order to supplement the existing national measures, the EU legislature has created a European Order for Payment procedure which is available for ...

Every year, 1 million small businesses in the EU face problems with collecting cross-border debts, and as much as €600 million in cross-border claims are never satisfied. Domestic orders for payment, which exist in many Member States, are an effective tool for the collection of domestic debts, but often are not practical for cross-border use. Therefore, in order to supplement the existing national measures, the EU legislature has created a European Order for Payment procedure which is available for cross-border claims for money, especially arising from a contract.

Standing Up for Your Right(s) in Europe - A Comparative Study on Legal Standing (Locus Standi) before the EU and Member States’ Courts

15-08-2012

The aim of this study is to provide an in-depth and objective comparative analysis of legal provisions, doctrine and case-law on locus standi before civil, criminal and administrative courts of selected legal systems, and before the EU courts. This analysis serves as the basis for several recommendations in this area.

The aim of this study is to provide an in-depth and objective comparative analysis of legal provisions, doctrine and case-law on locus standi before civil, criminal and administrative courts of selected legal systems, and before the EU courts. This analysis serves as the basis for several recommendations in this area.

Autor extern

M. Eliantonio, Ch.W. Backes, C.H. van Rhee, T.N.B.M. Spronken and Anna Berlee

Collective Redress in Antitrust

12-06-2012

Consumers regularly suffer harm in the form of higher prices, lower output, reduced quality and limited innovation as a result of antitrust infringements but they are rarely compensated due to legal and practical obstacles. Collective redress is a mechanism that may accomplish the termination or prevention of unlawful business practices which affect a multitude of claimants or the compensation for the harm caused by such illegal practices. This study analyses the systems of collective redress for ...

Consumers regularly suffer harm in the form of higher prices, lower output, reduced quality and limited innovation as a result of antitrust infringements but they are rarely compensated due to legal and practical obstacles. Collective redress is a mechanism that may accomplish the termination or prevention of unlawful business practices which affect a multitude of claimants or the compensation for the harm caused by such illegal practices. This study analyses the systems of collective redress for breach of competition law in the area of antitrust in the EU. Starting with an overview of the relevant national and EU legislation in this area, it discusses the question of an EU-wide specific system for collective redress in antitrust and the legal basis for a legislative initiative at EU level. Finally, it assesses advantages and limits of different policy options in relation to several procedural rules both generally applying to collective actions and specifically relevant to collective redress in antitrust.

Autor extern

Paolo BUCCIROSSI (Lear), Michele CARPAGNANO (University of Trento), Lorenzo CIARI (Lear), Massimo TOGNONI (Lear) and Cristiana VITALE (Lear) with contributions by : Luca AGUZZONI, Marco BELLIA, Gaia BELLOMO and Riccardo ZECCHINELLI

Victims of environmental crime

24-02-2012

There is an international trend to accompany administrative and civil liability for environmental violations with criminal sanctions. This gradual criminalisation of environmental law highlights the need to take a closer look at those who suffer from environmental crime.

There is an international trend to accompany administrative and civil liability for environmental violations with criminal sanctions. This gradual criminalisation of environmental law highlights the need to take a closer look at those who suffer from environmental crime.

Collective redress in the EU

31-05-2011

The EU has been discussing improving enforcement of EU law and the means of properly compensating victims for over 20 years. Throughout these discussions, collective redress, already in existence in a number of Member States (MS), has been suggested as a possible solution. However, despite numerous studies and public consultations, as well as Green and White Papers, the Commission is yet to produce a concrete proposal.

The EU has been discussing improving enforcement of EU law and the means of properly compensating victims for over 20 years. Throughout these discussions, collective redress, already in existence in a number of Member States (MS), has been suggested as a possible solution. However, despite numerous studies and public consultations, as well as Green and White Papers, the Commission is yet to produce a concrete proposal.

Towards an EU Regulation on Administrative Procedure?

22-10-2010

This paper will address four main issues in a concise manner: o The features of the European Administrative Law o The constitutional basis of the European Administrative Law now provided by the Lisbon Treaty, and their major consequences o The possibility of an European legislation framework of the administrative procedure o The limitations of the current European system of legal guarantees facing the development of European Administrative Law

This paper will address four main issues in a concise manner: o The features of the European Administrative Law o The constitutional basis of the European Administrative Law now provided by the Lisbon Treaty, and their major consequences o The possibility of an European legislation framework of the administrative procedure o The limitations of the current European system of legal guarantees facing the development of European Administrative Law

Autor extern

Professor Mario Pilade Chiti, Università degli Studi di Firenze

Redress and Alternative Dispute Resolution in Cross-Border e-commerce Transactions

15-01-2007

Executive summary Effective dispute settlement is regarded as one of the means of enhancing consumer confidence in cross-border purchases over the Internet. Yet a recent Eurobarometer survey1 shows that 41% of people who launched a formal complaint concerning cross-border purchases were not satisfied with the way their complaint was handled. Rather than going to the courts or elsewhere for settlement, most dissatisfied consumers took no further action, and only 6% brought the matter to an arbitration ...

Executive summary Effective dispute settlement is regarded as one of the means of enhancing consumer confidence in cross-border purchases over the Internet. Yet a recent Eurobarometer survey1 shows that 41% of people who launched a formal complaint concerning cross-border purchases were not satisfied with the way their complaint was handled. Rather than going to the courts or elsewhere for settlement, most dissatisfied consumers took no further action, and only 6% brought the matter to an arbitration/mediation/conciliation body. Other studies of online dispute resolution (ODR) also show, on the whole, poor uptake by the public. Uptake of the EC’s own publicly funded ODR provider, ECODIR, has been described as “disappointing”2. Why do so few people resort to this kind of dispute settlement, and what are the implications of low uptake for consumer confidence in cross border ecommerce ? [...]

Autor extern

Lilian Edwards (University of Southhampton, UK) and Caroline Wilson (University of Southampton, UK)

Evenimente viitoare

20-11-2019
Europe's Future: Where next for EU institutional Reform?
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