Lost in consultation or Entering a new debate
|
|
- Claud Logan
- 6 years ago
- Views:
Transcription
1 Lost in consultation or Entering a new debate Opinion expressed on the consultation paper Towards a Coherent European Approach to Collective Redress 1 At the public hearing on the consultation paper on April 5 th 2011 Ms. Goyens gave her speech the title Consumer collective redress: Lost in consultation 2. Indeed, one gets the impression that the current consultation is just that: another consultation, not necessarily leading to any action at all. In the light of that impression, which was intensified during the public hearing, and the rather uncertain outcome of the current consultation will it lead to just another consultation? only few comments are made. They are based on earlier work of the author. All thoughts expressed are the personal opinion of the author. I. Introduction 1. No redress without substantive rights The consultation paper starts with the sentence Rights which cannot be enforced in practice are worthless 3. This sentence is as simple as it is true. Therefore it is interesting to note that enforcement has not been in the focus of the EU for a rather long time, even though the right to redress was already mentioned in the first program of consumer law in In addition, it has to be pointed out that some EU legislative acts aimed at the protection of individuals are not necessarily underpinned with individual rights at all. This can e.g. be the case if the Directive on Unfair commercial practices (UCPD) is violated. 5 Collective redress, however, can only be of importance if individuals do have an individual right in the first place. Consequently, when 1 Commission Staff Working Document Public Consultation: Towards a Coherent European Approach to Collective Redress, SEC(2011) 173 final, 4 February 2011 (in the following: the consultation paper). The author would like to thank Carmen Appenzeller for comments on an earlier draft and for help with editing this contribution. 2 The slides accompanying the speech are available at: ntation_goyens_en.ppt. 3 Consultation paper 1.1, par The Council Resolution of 14 April 1975 on a preliminary programme of the European Economic Community for a consumer protection and information policy, OJ of 25 April 1975, C 92/1, p This self-limitation cannot entirely explained by the principle of party autonomy. 5 Cf. Article 11 of the UCPD, Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council. 1
2 drafting new legislation it should be kept in mind that the individuals protected under such law shall also have substantive rights. 2. Added value of the introduction of new mechanisms of collective redress for the enforcement of EU law? (Q 1) In order to answer this question it is necessary to define collective redress. The consultation paper contains a very broad concept of collective redress, including a variety of forms, including compensatory as well as injunctive relief. The consultation paper (Q 1) asks for the added value of law enforcement. In the public hearing Mr. Chauvin 6 and others expressed their doubts as to whether collective redress should contribute to law enforcement as in their view, collective redress shall only ensure compensation while law enforcement shall be the exclusive competence of public entities, who unlike individuals do not act in their own interest but in the interest of the public. The author does not believe that such a distinction is possible: One has to admit that collective redress shall primarily ensure that victims have access to justice to get compensated for the damage suffered. 7 However, an effective system of collective redress will also create a deterrence effect and thereby help to enforce the law. On the other hand, effective enforcement by public bodies will not indirectly compensate victims but the deterrence effect will prevent future violations of the law and consequently also protect individuals. Deterrence, in addition, not only protects individuals, who would otherwise be future victims, but also enterprises that obey the law and would suffer competition disadvantages compared to businesses violating the law. Therefore the author does believe that collective redress can be a helpful tool and will be of added value for the European legal system, 8 enabling individuals to claim compensation where they would not do so without such means, due to the often described rational disinterest. However, the author does not think that collective redress is best suited for all kind of legal issues. There are issues which might be better solved by public or private organisations: 6 Cf. ppt-presentation, available at: ntation_chauvin_en.ppt. 7 Damage in this context has a broad meaning, including e.g. the damage resulting from unwanted contracts a customer was tricked in. 8 The value for individual MS will depend on whether the respective MS already has an efficient means of redress or not. 2
3 For example, where the individual damage suffered is so small (around 100 Euro or below) that individuals will not join a group action, it seems better that private or public organisations have the power to deduct the ill-gotten gain from enterprises. 9 Neither is collective redress an adequate means with regard to rouge traders. Such cases shall rather be dealt with by criminal law. 3. Relation between collective redress and public bodies (Q 2) Should the EU strengthen the role of national public bodies and/or private representative organisations in the enforcement of EU law (Q 3)? In order to answer this question it would again be important to have precise definitions. What are public and private bodies? It seems that in some MS private bodies acting on behalf of e.g. consumers are to some extent funded by public resources (for example in Austria, the Verein für Konsumentenschutz is partly funded by the federal ministry for labour, social affairs and consumer protection; the same is true for the Federation of German Consumer Organisations). Generally speaking, as noted above, the author believes in collective redress as an important and effective legal tool but the author does not believe that it can substitute the role public and private bodies are already playing today. Furthermore, the relation between collective redress and public and private bodies should be that of co-operation (for the role of representative entities cf. also below II. 2.) 4. Injunctions or compensatory redress at EU level? (Q 5) Injunctions can only have effects for the future. But neither do they provide for compensation of victims nor do they prevent businesses from keeping the profit resulting from violations of the law. Injunctions and extending the scope of the Injunctions Directive 10 can therefore not be regarded as sufficient. The main focus of collective redress has to be compensation as this is, in the author s view, the reason why means of collective redress shall be introduced in the first place. 11 It also has to be kept in mind that injunctions rather protect the collective and not the individual interest. In the author s view, however, collective redress rather serves individual interests which are only grouped together to ensure effective enforcement. 9 Cf. 10 of the German act against unfair competition law. This provision, however, should not be used as a model as it requires intention and organisations successfully applying this provision have to deduct any profit to the federal budget. 10 Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests. 11 In addition, collective redress shall contribute to a reduction of court costs. 3
4 5. Personal and material scope (Q 11, 33, 34) The author advocates for a broad personal and material scope: a) Personal scope As the consultation paper notes, the views of stakeholders on collective redress are rather clear: Consumer organisations are in favour of it, businesses and their representatives are against it. This gridlocked view is surprising: at least SMEs should have a strong interest in the introduction of means of collective redress as their position in relation to big enterprises often resembles the position of consumers. Especially in antitrust law it will be important to ensure that any means of collective redress also encompasses SMEs. b) Material scope: Shall a new means of compensatory collective redress only encompass certain sectors or certain fields of law? It is a welcome step in the right direction that the consultation paper involves the work of three director generals as collective redress (or the lack thereof) plays an important role for consumer as well competition law. Therefore it makes sense that at least those two fields are jointly dealt with in the consultation paper. In any case the collective redress mechanism should also deal with a future European contract law, may it be adopted as binding law or as optional instrument. For these fields of law competition law, consumer law, and general contract law it seems favourable to have one general instrument of law. This said it might be necessary to have after a general part, containing general principles, applicable to all fields of law special rules for certain sectors of the areas of law covered. As for other fields of law where a need for collective redress has been indentified too, e.g. capital market law or labour law, it must remain to be seen if they could also be governed by the general instrument (with certain additional specific provisions) or if they shall be dealt with in a specific instrument. II. Specific questions 1. Information of victims (Q 13) The consultation paper raises the question how victims can best be informed about the possibilities to bring a collective claim or to join an existing law suit. It seems that modern media coverage can be helpful in this regard. It is likely that websites reporting on cases and pending law suits, which are advertised via existing information channels like facebook, twitter or websites of national news services may reach at least a huge part of the younger generation. In addition, all pending 4
5 cases should be accessible by websites provided by the ministry of justice of each MS. Spreading information over the internet has the advantage of not being stopped by borders. However, while this may be a sufficient information outreach in ten years time from now, as for today it seems also necessary that court proceedings are advertised by the ministry of justice of each MS in newspapers which have a nationwide distribution as well. While internet and newspapers will be the means to raise public attention for concrete proceedings, it is also important to raise public awareness for the existence of rights and their enforcement in the first place. It might be one of the reasons that the small claims procedure regulation 12 was not as successful as had been hoped that hardly any individual knows about it. Customer education shall already start in elementary school in all MS and should help to raise more active consumers within the EU. 2. Representation of victims (Q 14) and Standing (Q 22) Both questions are strongly linked: Only if the second question regarding standing is answered one can, in a second step, consider how those entities can cooperate in cross-border cases. It also seems that the consultation paper mixes representative actions and group-actions, due to the broad concept of collective redress used. These two actions, however, will suit different fact patterns and shall therefore be carefully distinguished. 13 In the author s view representative actions are required where individual damages are so low that individuals would not bother to join a group action (cf. already above I. 2.). In such cases it seems important that representative entities can step in to ensure that the ill-gotten gain will not remain with the enterprise. 14 These representative actions would rather serve the collective interest of costumers than the individuals interests. In contrast, if the individual damage suffered exceeds a certain amount, activity of customers can be expected and group actions seem to be the appropriate means. The opening of group action proceedings and their administration seems, however, to require the involvement of a representative acting on behalf of the group. It is unlikely that one of the individuals involved can manage that role sufficiently. Representative bodies seem to be much better suited for that role. As such a role requires funding, it seems appropriate that representative bodies can keep the deducted profit from successful representative actions and use it therefore. 12 Regulation (EC) No. 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure. It is not applicable in Denmark. 13 Cf. e.g. Commission Staff Working Paper accompanying the White Paper on Damages actions for breach of the EC antitrust rules, SEC(2008) 404, , p. 18, par It has been said that the deduction of the profit is not required if the company is fined. However, the sum to be paid as fines may be lower than the profit and in addition serves a different purpose. It also should be considered that businesses fined and / or deprived of any profit have violated the law in the first place. 5
6 To prevent any abuse of the power to bring an action it has to be ensured that representative entities pass certain standards. However, this is a task which has to be mastered by MS already with regard to the Injunction Directive and seems to be feasible. As with regard to the cooperation needed in cross-border transactions, it seems likely that representative bodies can rely on the networks already existing today. 3. ADR (Q 15, 16, 17) The consultation paper as well as many of the contributions made at the public hearing stress the importance of ADR, which is said to be less costly and faster than court proceedings. However, ADR will only work as noted by the consultation paper and many statements before and during the public hearing with an effective judicial system in place. Otherwise, businesses do not have an incentive to participate in ADR and obey the outcome of such proceedings. An example for that statement can be seen in travel law where many airlines refrain from the ADR by the Conciliation Body for Long-Distance Travel, the German body in charge of out of court settlements with regard to the Air Passengers Rights regulation. For ADR to work it seems also important to ensure that the process is overseen by an unbiased third party and that consequently the outcome of the ADR can be subject to a fairness control by a court. That seems to be even more important if the ADR is funded by businesses themselves and can therefore be regarded as part of self-regulation (cf. in this regard Article 10(2) of the UCPD, which states that enforcement by self-regulation cannot substitute judicial control). As a marginal note, one has to ask why the public consultation for a proposal for an ADR scheme on a European level has not been formally linked to the consultation process for collective redress. In the author s view any further action should also take into account the outcome of the consultation on ADR. III. Final Remarks The EC should use the comments received to enter indeed in a new debate 15 : It should stop having consultations about general questions as it seems unlikely to find the hoped for common principles as the opinions of the involved stakeholders are too different, but shall come forward with a draft for a concrete means of collective redress and open the debate on that
Public consultation on the targeted revision of EU consumer law directives
Contribution ID: 9bc8877a-52d8-47ac-9e3a-d76c3fe675ca Date: 08/10/2017 16:48:05 Public consultation on the targeted revision of EU consumer law directives Fields marked with * are mandary. About you *
More informationREPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL
EUROPEAN COMMISSION Brussels, XXX [ ](2017) XXX draft REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the functioning of the European Online Dispute Resolution platform established
More informationCommittee on Civil Liberties, Justice and Home Affairs WORKING DOCUMENT. Committee on Civil Liberties, Justice and Home Affairs
EUROPEAN PARLIAMT 2009-2014 Committee on Civil Liberties, Justice and Home Affairs 06.07.2012 WORKING DOCUMT on the protection of individuals with regard to the processing of personal data and on the free
More informationGlobal Forum on Competition
Unclassified DAF/COMP/GF/WD(2016)60 DAF/COMP/GF/WD(2016)60 Unclassified Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development 07-Nov-2016 English
More informationAmCham EU comments on the European Commission s Preliminary Report on the E-Commerce Sector Inquiry
AmCham EU comments on the European Commission s Preliminary Report on the E-Commerce Sector Inquiry Promoting e-commerce across the EU - fostering free and open competition while protecting innovation
More informationFlorence October 29 November 2, 2014 LABOUR LAW COMMISSION OUTSOURCING, SUBCONTRACTING AND STAFF LEASING
58 th UIA CONGRESS Florence October 29 November 2, 2014 LABOUR LAW COMMISSION Saturday, 1 November 2014 OUTSOURCING, SUBCONTRACTING AND STAFF LEASING Hervé Duval - KGA Avocats 44, avenue des Champs-Elysées
More informationCommittee on Industry, Research and Energy Committee on the Internal Market and Consumer Protection
European Parliament 2014-2019 Committee on Industry, Research and Energy Committee on the Internal Market and Consumer Protection 28.2.2017 2016/2276(INI) DRAFT REPORT on online platforms and the digital
More informationD&I Quarterly » Court of Appeal Rules on Copyright to Contract Terms» Renewed Act on Cooperation within Undertakings
D&I Quarterly Finland Q2 2007 Q2 D&I Quarterly 2007 MERGERS & ACQUISITIONS» Authorisations for Share Issue DISPUTE RESOLUTION» Civil Procedure and EU Law Doctoral Thesis CORPORATE & COMMERCIAL» New Public
More informationProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2003/88/EC concerning certain aspects of the organisation of working time (presented by the Commission) EN 1 EN
More informationEffective enforcement by National Competition Authorities
POSITION PAPER 16 February 2016 Effective enforcement by National Competition Authorities Introduction A well-functioning competition enforcement setting is at the basis of a fair and growthenhancing European
More information2. Facebook is a US American company. Why does the Bundeskartellamt have competence to investigate in this case?
19 December 2017 Background information on the Facebook proceeding 1. What is an abuse of dominance proceeding? Antitrust enforcement is largely based on three tools. One is the prosecution of cartel agreements
More informationMeijers Committee standing committee of experts on international immigration, refugee and criminal law
1806 Note on the use of soft law instruments under EU law, in particular in the area of freedom, security and justice, and its impact on fundamental rights, democracy and the rule of law 9 April 2018 Background
More informationEUROPEAN UNION. Brussels, 27 March 2013 (OR. en) 2011/0374 (COD) PE-CONS 80/12 CONSOM 164 MI 853 JUSTCIV 382 CODEC 3131 OC 774
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 27 March 2013 (OR. en) 2011/0374 (COD) PE-CONS 80/12 CONSOM 164 MI 853 JUSTCIV 382 CODEC 3131 OC 774 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject:
More informationCOMMISSION INTERPRETATIVE COMMUNICATION
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 23.6.2006 COMMISSION INTERPRETATIVE COMMUNICATION on the Community law applicable to contract awards not or not fully subject to the provisions of the Public
More informationUEAPME 1 Evaluation and Impact Assessment of Recommendation 2003/361/EC concerning the definition of micro, small and mediumsized
Position Paper UEAPME 1 Evaluation and Impact Assessment of Recommendation 2003/361/EC concerning the definition of micro, small and mediumsized enterprises Key Messages UEAPME members feel the SME definition
More informationConsumer Protection from Unfair Trading Regulations 2008
BRIEFING PAPER Number CBP 4678, 16 May 2017 Consumer Protection from Unfair Trading Regulations 2008 By Lorraine Conway Contents: 1. Unfair Commercial Practices Directive 2. Consumer Protection from Unfair
More informationTHE GENERAL DATA PROTECTION REGULATION: A BRIEF OVERVIEW (*)
THE GENERAL DATA PROTECTION REGULATION: A BRIEF OVERVIEW (*) The first IBM Personal Computer was introduced just over 35 years ago, on August 12, 1981. The first-generation iphone was introduced in the
More informationEuropean Parliament Committee on Legal Affairs. Draft Report on the proposal for a CESL ( )
European Parliament Committee on Legal Affairs Draft Report on the proposal for a CESL (18.2.2013) Presentation by Professor Hugh Beale Introduction I am very grateful for this opportunity to give evidence
More informationMisleading Environmental Claims under The Unfair Commercial Practices Directive 2005/29/EC
Misleading Environmental Claims under The Unfair Commercial Practices Directive 2005/29/EC Angelo GRIECO Legal Officer DG JLS Unit E5 Contract and Consumer Law European Commission EU Law and Misleading
More informationARTICLE 29 DATA PROTECTION WORKING PARTY
ARTICLE 29 DATA PROTECTION WORKING PARTY 17/EN WP 256 Working Document setting up a table with the elements and principles to be found in Binding Corporate Rules (updated) Adopted on 29 November 2017 INTRODUCTION
More information4. EU Charter of Fundamental Rights
C 377/329 58. Calls on the Commission to submit the proposals referred to above and to inform Parliament of the progress of the legislative programme and of any changes or delays, in order to improve both
More informationREGULATION (EU) No. 347/2013 on guidelines for trans-european energy infrastructure
REGULATION (EU) No. 347/2013 on guidelines for trans-european energy infrastructure Legal Analysis Justice and Environment 2013 a Udolni 33, 602 00, Brno, CZ e info@justiceandenvironment.org 1 t/f 36 1
More informationThe adoption of the Electronic Communications Convention by Montenegro: Policy choices and Impact
The adoption of the Electronic Communications Convention by Montenegro: Policy choices and Impact Aneta Spaic Assistant Professor University of Montenegro School of Law Luca Castellani Secretary, Working
More informationUnless otherwise stated, the questions concern unilateral conduct by a dominant firm or firm with significant market power.
Agency Name: Competition Commission, South Africa Date: October 2008 Tying & Bundled Discounting This part of the questionnaire seeks information on ICN members analysis and treatment of tying and bundled
More informationAmending the (Dutch) Constitution?
Amending the (Dutch) Constitution? Expert Meeting on National Constitutions and Globalisation Background materials on the place of the Constitution in the Dutch legal system The Dutch Legal System: A Monistic
More informationIn cooperation with: Consumers Association of Bangladesh (CAB) & Government of Bangladesh
Training for Strengthening Consumers Association of Bangladesh Bangladesh Quality Support Programme Funded by: EU and NORAD Implemented by: UNIDO Conducted by: Consumers International, Kuala Lumpur Office
More informationQuestionnaire. Directive 2005/29/EC on Unfair Commercial Practices (UCP)
Questionnaire Directive 2005/29/EC on Unfair Commercial Practices (UCP) - Stakeholders - The European Commission is planning to issue guidelines on the application of the UCP rules and is inviting stakeholders
More information15489/14 TA/il 1 DG E 2 A
Council of the European Union Brussels, 20 November 2014 (OR. en) Interinstitutional Files: 2013/0028 (COD) 2013/0029 (COD) 15489/14 TRANS 528 CODEC 2240 NOTE From: To: General Secretariat of the Council
More informationStructural Assistance Act
Issuer: Riigikogu Type: act In force from: 01.09.2015 In force until: 04.12.2015 Translation published: 10.08.2015 Amended by the following acts Passed 04.06.2014 RT I, 21.06.2014, 1 Entry into force 01.07.2014
More informationContent Analysis of Individual Labor Disputes Resolution Cases Ⅱ. and Claims for Compensation against Workers. Summary
Content Analysis of Individual Labor Disputes Resolution Cases Ⅱ Quasi-dismissals, Mental Health Problems, Job Transfers, Probationary Periods, and Claims for Compensation against Workers Summary Authors
More information15575/17 ADD 1 1 DPG
Council of the European Union Brussels, 22 December 2017 (OR. en) 15575/17 ADD 1 DRAFT MINUTES Subject: PV/CONS 72 JAI 1186 COMIX 826 3584th meeting of the Council of the European Union (Justice and Home
More informationPLUGGING THE GAP IN CONSUMER RIGHTS
PLUGGING THE GAP IN CONSUMER RIGHTS WHAT A NEW DEAL FOR CONSUMERS SHOULD LOOK LIKE IN 2018 Contact: consumerrights@beuc.eu consumer-redress@beuc.eu BUREAU EUROPÉEN DES UNIONS DE CONSOMMATEURS AISBL DER
More informationEuropean Parliament resolution of 8 March 2011 on the revision of the General Product Safety Directive and market surveillance (2010/2085(INI))
P7_TA(2011)0076 General product safety and market surveillance European Parliament resolution of 8 March 2011 on the revision of the General Product Safety Directive and market surveillance (2010/2085(INI))
More informationEXPLANATORY MEMORANDUM
EXPLANATORY MEMORANDUM 1. CONTEXT OF THE PROPOSAL Over the years the Union has taken over a number of tasks which involved either its institutions acting together with national administrations to implement
More informationJUDGMENT OF THE COURT (Fifth Chamber) 7 September 2017 *
JUDGMENT OF THE COURT (Fifth Chamber) 7 September 2017 * (Reference for a preliminary ruling Competition Concentrations between undertakings Regulation (EC) No 139/2004 Article 3(1)(b) and (4) Scope Definition
More informationESPO views on the revision of Directive 2000/59/EC. on Port Reception Facilities for ship-generated waste and cargo residues
ESPO views on the revision of Directive 2000/59/EC on Port Reception Facilities for ship-generated waste and cargo residues May 2016 1. Introduction Directive 2000/59/EC aims to reduce the discharges of
More informationMarket design for demand response
Market design for demand response How should the design and functioning of electricity markets and procurement of ancillary services be adapted to optimally value the potential of demand response? Workshop
More informationRule of Law Programme of the Finnish Bar Association for
Rule of Law Programme of the Finnish Bar Association for 2017-2026 LOYALTY INDEPENDENCE AVOIDANCE OF CONFLICTS OF INTEREST CONFIDENTIALITY PERSONAL INTEGRITY Contents 1. Background to, and purpose of,
More informationCouncil Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies
Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies Official Journal L 225, 12/08/1998 P. 0016-0021 THE COUNCIL OF THE EUROPEAN
More informationJUDGMENT OF THE COURT (Seventh Chamber) 2 March 2017 (*) Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main ev
1 από 5 Provisional text JUDGMENT OF THE COURT (Seventh Chamber) 2 March 2017 (*) (Reference for a preliminary ruling Consumer protection Directive 2011/83/EU Article 21 Communication by telephone Operation
More informationREPORT ON FEEDBACK ON MONEY LAUNDERING AND TERRORIST FINANCING CASES AND TYPOLOGIES 1. (Good practices)
EN EN EN Brussels, 22 April 2008 EU FINANCIAL INTELLIGENCE UNITS' PLATFORM REPORT ON FEEDBACK ON MONEY LAUNDERING AND TERRORIST FINANCING CASES AND TYPOLOGIES 1 (Good practices) The EU Financial Intelligence
More informationJoint Position on Procedural Safeguards
Joint Position on Procedural Safeguards 1. Our organisations have advocated the need for a framework decision on procedural rights for suspects and defendants in criminal proceedings since the proposal
More informationTenth Meeting of European Labour Court Judges Stockholm, September 2, The Role of Collective Bargaining. Questionnaire FRANCE
Tenth Meeting of European Labour Court Judges Stockholm, September 2, 2002 The Role of Collective Bargaining Questionnaire FRANCE General Reporter: Judge Harald Schliemann, Federal Labour Court of Germany
More informationDER BINNENMARKT IST DER MOTOR DES WIRTSCHAFTSWACHSTUMS
DER BINNENMARKT IST DER MOTOR DES WIRTSCHAFTSWACHSTUMS Position der Wirtschaftskammer Österreich zur Binnenmarktstrategie für Waren und Dienstleistungen Jänner 2016 SINGLE MARKET INFORMATION TOOL (SMIT)
More informationThe Clean Energy package. Position of the Austrian electricity industry
The Clean Energy package Position of the Austrian electricity industry The Clean Energy package On 30 November 2016, the European Commission published a wide-ranging package of measures entitled Clean
More informationModels of Workplace Dispute Resolution in the UK
*MODEL FOR MEDIATION - A tool for equal opportunities on the labour market Models of Workplace Dispute Resolution in the UK COUNTRY REPORT United Kingdom Val Stansfield The union for people in transport
More informationDr. Danguolė Bublienė THE IMPLEMENTATION OF THE CONSUMER RIGHTS DIRECTIVE: KEY ISSUES
Dr. Danguolė Bublienė THE IMPLEMENTATION OF THE CONSUMER RIGHTS DIRECTIVE: KEY ISSUES 1 The stages of the implementation of the directives into the national law CRD Application Transposition Enforcement
More informationTHE ANTITRUST COMPLIANCE PROGRAMME OF THE ITALCEMENTI GROUP
THE ANTITRUST COMPLIANCE PROGRAMME OF THE ITALCEMENTI GROUP 1 This document is intended to provide you with the presentation of the Antitrust Compliance Programme ( A.C.P. ) devised and organised, with
More informationEUROPEAN YOUTH FORUM WORK PLAN
EUROPEAN YOUTH FORUM WORK PLAN 2013-2014 ADOPTED BY THE GENERAL ASSEMBLY MARIBOR, SLOVENIA, 21-25 NOVEMBER 2012 1 0830-12 FINAL INTRODUCTION 2013-2014: CRUCIAL TIME FOR YOUTH IN EUROPE This work plan will
More informationThis document has been provided by the International Center for Not-for-Profit Law (ICNL).
This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on the legal environment for civil society and public participation.
More informationConsumer Protection Laws in Asia: Prevailing Trends & Commonalities
Consumer Protection Laws in Asia: Prevailing Trends & Commonalities Consumer law, here defined to mean the legal manifestation of the desire to protect the consumer interest, is a relatively new phenomenon
More informationEmployee grievance mechanism Guidance note
EBRD Performance Requirement 2 Labour and working conditions Employee grievance mechanism Guidance note This document contains references to good practices; it is not a compliance document. It should be
More informationGeneral Guide to Employment Law Introduction
General Guide to Employment Law Introduction In recent years, the relationship between employer and employee has been regulated more and more by legislation, much of which has originated at EU level. Human
More informationCONSUMER PROTECTION IN RELATION WITH THE EUROPEAN BUSINESS ENVIRONMENT
CONSUMER PROTECTION IN RELATION WITH THE EUROPEAN BUSINESS ENVIRONMENT Gabriela Gheorghiu, PhD Dorinela Nancu, PhD Student Dănilă Alexandra, PhD Ovidius University of Constanta, Faculty of Economic Sciences,
More informationADVERTISING POLICIES AND GUIDELINES. ACI-NA Business of Airports Conference April 26, 2017
1 ADVERTISING POLICIES AND GUIDELINES ACI-NA Business of Airports Conference April 26, 2017 FACILITATORS Faith Quilling, Senior Director, Development Clear Channel Airports Shauna Forsythe, Director of
More informationASEAN CHARTER AND ASEAN LAWYERS FOR THE RULE OF LAW, ACCESS TO JUSTICE AND HUMAN RIGHTS
ASEAN CHARTER AND ASEAN LAWYERS FOR THE RULE OF LAW, ACCESS TO JUSTICE AND HUMAN RIGHTS Dr. Luu Tien Dzung Partner, YKVN Lawyers Chairman, International Cooperation, Vietnam Bar Federation. 1 Introduction
More informationRoundtable on. Competition Policy and Public Procurement
Intergovernmental Group of Experts on Competition Law and Policy Geneva, 9 11 July 2012 Roundtable on Competition Policy and Public Procurement Written contribution by Lithuania The views expressed are
More informationPUBLIC AUTHORITY BOARD MEMBER DUTIES Anita Laremont, SVP - Legal & General Counsel Empire State Development Corporation December 2005
PUBLIC AUTHORITY BOARD MEMBER DUTIES Anita Laremont, SVP - Legal & General Counsel Empire State Development Corporation December 2005 I. The duties and legal responsibilities of board of director members
More informationThe KAEFER Code of Business Conduct. KAE010GI00 Code of Conduct GB Rev: 3
The KAEFER Code of Business Conduct KAE010GI00 Code of Conduct 2013-01-01 GB Rev: 3 Message from the Chairman One group one code From skilled labour on the construction site to project management and all
More informationILLINOIS PERSONNEL RECORD REVIEW ACT
ILLINOIS PERSONNEL RECORD REVIEW ACT EMPLOYMENT (820 ILCS 40/) Personnel Record Review Act. (820 ILCS 40/0.01) (from Ch. 48, par. 2000) Sec. 0.01. Short title. This Act may be cited as the Personnel Record
More informationOfficial Journal C 271 A. of the European Union. Information and Notices. Announcements. Volume 60. English edition. 17 August 2017.
Official Journal of the European Union C 271 A English edition Information and Notices Volume 60 17 August 2017 Contents V Announcements ADMINISTRATIVE PROCEDURES European Commission 2017/C 271 A/01 DG
More informationUnfair Dismissals Acts, 1977 to 2001
Explanatory Booklet for Employers and Employees Unfair Dismissals Acts, 1977 to 2001 Explanatory Booklet This book is intended to give a general guidance to employers and employees about the Unfair Dismissals
More informationEBA/RTS/2017/ December Final Report. Draft regulatory technical standards. on central contact points under Directive (EU) 2015/2366 (PSD2)
EBA/RTS/2017/09 11 December 2017 Final Report Draft regulatory technical standards on central contact points under Directive (EU) 2015/2366 (PSD2) FINAL REPORT ON CENTRAL CONTACT POINTS UNDER THE PSD2
More informationTransparency and sustainability of the EU risk assessment process
Transparency and sustainability of the EU risk assessment process 6 March 2018 EuropaBio position Strengthening of trust requires a holistic approach - Transparency and sustainability of the EU risk assessment,
More informationIndependence and powers of independent supervisory authorities
Independence and powers of independent supervisory authorities Dr. Eva Souhrada-Kirchmayer 10 th May 2012 3 rd Annual FRA Symposium on Data Protection Art. 28 of Directive 95/46/EC Supervisory authority
More informationThe purpose of the Committee is to ensure positive impact of the group s activities on its many stakeholders including 1.
Introduction The Social, Ethics and Transformation Committee ( the Committee ) of Tiger Brands Limited ( Tiger Brands or the Company ) has been established by the board ( Board ) of directors to act in
More informationEuropean Commission, Task Force for the Preparation and Conduct of the Negotiations with the United Kingdom under Article 50 TEU
6 February 2018 TF50 (2018) 30 Commission to EU 27 Subject: Position paper "Transitional Arrangements in the Withdrawal Agreement" Origin: European Commission, Task Force for the Preparation and Conduct
More informationThe Revised Directive on European Works Councils
Frequently Asked Questions The Revised Directive on European Works Councils Wolfgang Greif GPA-djp/Austria March 2009 Available online in English and German: http://www.worker-participation.eu/european_works_councils/
More informationCOMMISSION STAFF WORKING DOCUMENT. Vademecum on European standardisation in support of Union legislation and policies PART III
Ref. Ares(2015)4888510-06/11/2015 EUROPEAN COMMISSION Brussels, 27.10.2015 SWD(2015) 205 final PART 3/3 COMMISSION STAFF WORKING DOCUMENT Vademecum on European standardisation in support of Union legislation
More informationThe Aarhus Convention and access to justice for environmental NGOs before courts in the EU: good news with a bitter aftertaste
The Aarhus Convention and access to justice for environmental NGOs before courts in the EU: good news with BY Mariolina Eliantonio 1 1 Mariolina Eliantonio (1978) is an Assistant Professor in European
More informationSummary. The remit and work of the Inquiry. The remit of the Inquiry
Summary The remit and work of the Inquiry The remit of the Inquiry Directive 2014/67/EU of the European Parliament and of the Council on the enforcement of Directive 96/71/EC concerning the posting of
More informationDEPARTMENT OF EDUCATION, EASSTERN CAPE JURISDICTIONAL RUILING
IN THE PUBLIC SERVICE CO-ORDINATING BARGAINING COUNCIL HELD AT PORT ELIZABETH CASE NO: NEHAWU obo PETROS APPLICANT and DEPARTMENT OF EDUCATION, EASSTERN CAPE RESPONDENT JURISDICTIONAL RUILING Background
More informationPublic Consultation on a proposal for a mandatory Transparency Register
Public Consultation on a proposal for a mandatory Transparency Register Response prepared by Transport & Environment (T&E) EU Transparency Register : 58744833263-19 May 2016 A. GENERAL PART (7 questions)
More informationSelection Procedure to renew the Banking Stakeholder Group (BSG)
12 March 2018 Selection Procedure to renew the Banking Stakeholder Group (BSG) 1. The Selection Procedure shall follow the requirements laid down in Article 37 and Recital 48 of the European Banking Authority
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES COMMISSION INTERPRETATIVE COMMUNICATION
EN EN EN COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 05.02.2008 C(2007)6661 COMMISSION INTERPRETATIVE COMMUNICATION on the application of Community law on Public Procurement and Concessions to Institutionalised
More informationCouncil Member Laliberte introduced the following resolution and moved its adoption:
EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota,
More informationEMPOWERING THE NATIONAL COMPETITION
The Consumer Voice in Europe EMPOWERING THE NATIONAL COMPETITION AUTHORITIES TO BE MORE EFFECTIVE ENFORCERS BEUC response Contact: Patrycja Kisielewska consumerrights@beuc.eu BUREAU EUROPEEN DES UNIONS
More informationName PSI Alliance Organisation. Context and possible action to consider
Name PSI Alliance Organisation Context and possible action to consider Do you think that PSI re-use has reached its full potential in Europe? (optional) strongly opinion dis dis strongly Could further
More informationHoliday Pay and Commission
Holiday Pay and Commission Lock v British Gas Trading Ltd British Gas calculated Mr Lock s annual leave at his basic rate. Mr Lock felt this was unfair given that he could not earn commission when he was
More informationThe Proposed Digital Content Directive and its Implications for the Data Economy
The Proposed Digital Content Directive and its Implications for the Data Economy Christiane Wendehorst XXXII Nordic Conference on Legal Informatics, 13 November 2017 Proposed Digital Content Directive
More informationECB-PUBLIC OPINION OF THE EUROPEAN CENTRAL BANK. of 4 October 2017
EN ECB-PUBLIC OPINION OF THE EUROPEAN CENTRAL BANK of 4 October 2017 on a proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1095/2010 and Regulation (EU)
More informationLabor Relations in Florida
Florida School Finance Officers Association November Conference November 8, 2016 a Labor Relations in Florida Martin Miller Miller Consulting Group martinmiller@millerconsultinggroup.com 904-537-0267 Topics
More informationCase T-306/01. Ahmed Ali Yusuf and Al Barakaat International Foundation v Council of the European Union and Commission of the European Communities
Case T-306/01 Ahmed Ali Yusuf and Al Barakaat International Foundation v Council of the European Union and Commission of the European Communities (Common foreign and security policy Restrictive measures
More informationGuidelines on transboundary consultations, public participation and co-operation
Guidelines on transboundary consultations, public participation and co-operation Introduction The Regional Baltic Maritime Spatial Planning Roadmap 2013-2020 adopted by the HELCOM Ministerial Meeting in
More informationJudgment of the Court (Second Chamber) of 27 January Irmtraud Junk v Wolfgang Kühnel
Judgment of the Court (Second Chamber) of 27 January 2005 Irmtraud Junk v Wolfgang Kühnel Reference for a preliminary ruling: Arbeitsgericht Berlin - Germany Directive 98/59/EC - Collective redundancies
More informationMEMORANDUM OF UNDERSTANDING BETWEEN THE SINGLE RESOLUTION BOARD AND THE EUROPEAN CENTRAL BANK IN RESPECT OF COOPERATION AND INFORMATION EXCHANGE
MEMORANDUM OF UNDERSTANDING BETWEEN THE SINGLE RESOLUTION BOARD AND THE EUROPEAN CENTRAL BANK IN RESPECT OF COOPERATION AND INFORMATION EXCHANGE MEMORANDUM OF UNDERSTANDING BETWEEN THE SINGLE RESOLUTION
More informationIntroduction to the Antimonopoly Law
Introduction to the Antimonopoly Law Prof. Fumio Sensui Graduate School of Law, Kobe University E-mail: sensui@kobe-u.ac.jp What Practices are Subject to Control by the Antimonopoly Act? Cartels Monopolization
More informationHOW MANY LIKES FOR THE GERMAN FACEBOOK ANTITRUST PROBE?
HOW MANY LIKES FOR THE GERMAN FACEBOOK ANTITRUST PROBE? By Dr. Anna Blume Huttenlauch 1 I. INTRODUCTION The German Federal Cartel Office ( FCO ) caused quite a stir, not only among antitrust lawyers, when
More informationLocal Government and Regeneration Committee Disabled Persons Parking Badges (Scotland) Bill Scrutiny
13 March 2014 Kevin Stewart MSP Convener, Local Government and Regeneration Committee Committee Office Room T3.40 Scottish Parliament Edinburgh EH99 1SP Dear Convener, Disabled Persons Parking Badges (Scotland)
More informationEBA/CP/2013/12 21 May Consultation Paper
EBA/CP/2013/12 21 May 2013 Consultation Paper Draft Regulatory Technical Standards On Passport Notifications under Articles 35, 36 and 39 of the proposed Capital Requirements Directive Consultation Paper
More informationYour Ref., Your message dated Our Ref., Official in charge Extension Date. BSBV 24/ th 2007 Dr.Rudorfer/Ob
EU Commission Bundessparte Bank und Versicherung Wiedner Hauptstrasse 63 P.O. Box 320 1045 Vienna T +43 (0)5 90 900-Ext F +43 (0)5 90 900-272 E bsbv@wko.at W http://wko.at/bsbv Your Ref., Your message
More informationGuide to Ethical Use of Social Media for Texas Lawyers. Zach Wolfe.
I. Introduction www.fiveminutelaw.com First, the bad news. The Texas Disciplinary Rules of Professional Conduct that apply to use of social media are poorly written, ambiguous, byzantine, and potentially
More informationEuropean Association of Co-operative Banks Groupement Européen des Banques Coopératives Europäische Vereinigung der Genossenschaftsbanken MARCH 2006
European Association of Co-operative Banks Groupement Européen des Banques Coopératives Europäische Vereinigung der Genossenschaftsbanken THE EUROPEAN ASSOCIATION OF CO-OPERATIVE BANKS RESPOND TO The European
More informationPubic Monopolies, Concessions and Competition Law and Policies
Intergovernmental Group of Experts on Competition Law and Policy Geneva, 7-9 July 2009 Pubic Monopolies, Concessions and Competition Law and Policies By European Communities The views expressed are those
More informationGUIDE TO COMPETITION LAW FEBRUARY 2014
GUIDE TO COMPETITION LAW FEBRUARY 2014 GUIDE TO COMPETITION LAW 2 TABLE OF CONTENT 1 Introduction 3 1.1 Why did SMARTRAC develop this Guide to Competition Law 3 1.2 To whom this guide applies 3 1.3 What
More informationProposal for an Interinstitutional Agreement on a mandatory Transparency Register COM (2016) 627. European Parliament draft negotiating mandate
Proposal for an Interinstitutional Agreement on a mandatory Transparency Register COM (2016) 627 European Parliament draft negotiating mandate Introduction First Vice-President Mr. Timmermans, responsible
More informationGeneral Personal Data Protection Policy
General Personal Data Protection Policy Contents 1. Scope, Purpose and Users...4 2. Reference Documents...4 3. Definitions...5 4. Basic Principles Regarding Personal Data Processing...6 4.1 Lawfulness,
More informationARN2016 Procurement Regulations Utility Sectors 2016
ARN2016 Procurement Regulations Utility Sectors 2016 Preamble - Special sector companies are obliged to award assignments in accordance with the provisions of the Aanbestedingswet 2012 (Netherlands Procurement
More informationOECD Policy Guidance for Protecting and Empowering Consumers in Communication 1 Services
2 OECD POLICY GUIDANCE FOR PROTECTING AND EMPOWERING CONSUMERS IN COMMUNICATION SERVICES OECD Policy Guidance for Protecting and Empowering Consumers in Communication 1 Services Over the last decade, the
More informationAdopted by the State Duma on September 22, 1999
FEDERAL LAW NO. 184-FZ OF OCTOBER 6, 1999 ON THE GENERAL PRINCIPLES OF THE ORGANIZATION OF THE LEGISLATIVE (REPRESENTATIVE) AND EXECUTIVE ORGANS OF STATE POWER OF THE SUBJECTS OF THE RUSSIAN FEDERATION
More information