The draft European Regulation on a European (Bank) Account Preservation Order: improving the efficiency of debt collection within the European Union

November 6th, 2012 § 0 comments § permalink

Last year the European Commission presented a proposal for a European Regulation (COM (2011)445 of 25 June 2011) which will enable creditors, either before or after having obtained an enforcement title, to apply for a Bank attachment (“preservation order”) which can be enforced throughout the European Union.

Considerations

At this moment a creditor wishing to prevent his debtor to withdraw monies from his bank accounts in the European Union, , has to follow national preservation or enforcement procedures. He is confronted with different legal systems, different procedural requirements and language barriers, resulting in additional costs and delays.
Moreover in many Member States it is difficult, if not impossible to obtain information on bank accounts held by debtors, without having recourse to detectives or specialist investigating agencies.
The European Account Preservation Order (“EAPO”) will be available to citizens and companies as an additional preservation and enforcement instrument next to national proceedings which remain available. » Read the rest of this entry «

Study on the effects of the Bosman case on European Football

January 25th, 2012 § 0 comments § permalink

In the 1995 Bosman case (European Court of Justice of 15 December 1995 in Union Royale Belge des Sociétés de Football Association vs. Bosman, C-415/93),  the European Court of Justice ruled that transfer rules which make the transfer of a player at the end of his contract term subject to payment of a transfer sum are invalid under European law and therefore unenforceable. These rules violate one of the basic rules of the single market (free movement of workers).

At a debate organized yesterday in Brussels by Burson Marsteller, an international public affairs agency, the results of a comparative study were presented on the possible effects of the Bosman ruling on European football.

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European Commission presents optional uniform European Sales Law

December 9th, 2011 § 0 comments § permalink

Businesses which want  to sell their products within the whole of the internal market of the European Union are confronted with different legal systems of 27 member-states.  Many small and medium sized enterprises are reluctant to enter into cross-border contractual relations with  other businesses or consumers, being unfamiliar with foreign law, which may be applicable to their transactions with customers abroad. The European Commission calculates the yearly loss at around 26 billion Euro for missed business.  Also consumers cannot benefit of a greater and more varied offer of products against lower prices, if companies refuse to sell products to them because of legal risks and uncertainties involved.

The Commission estimates that companies have to invest some 10.000 Euro for each new member state of export – there are 26 possible export member states within the European Union outside its own member state – for costs of legal advice about foreign (consumer) law, translations etc.

On 11 October 2011 the Commission published a draft regulation on a uniform common sales law.

Originally the Commission aimed at the introduction of a European Code of Civil Law. The Commission financed the draft of a European Civil Law (“DCFR: A Draft Common Frame Of Reference”) was completed and is available.

Thereafter the Commission created a working group on European Contract Law.

The project was narrowed down in 2011, leading to the present draft on A Common  European Sales Law (PDF).

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