Agrégateur de flux

Convention européenne des droits de l'homme - Article 10
- Liberté d'expression

Immunité ; Instruction

Claudio Biscaretti di Ruffìa, Alberto Santa Maria, Le società estere, in Trattato Cicu-Messineo, Giuffrè, 2015, pp. XIV – 340, ISBN: 9788814209703, Euro 42.

Ulteriori informazioni sul volume sono reperibili al sito dell’editore. L’indice dell’opera è disponibile qui.

La Commission européenne a adopté le 2 décembre 2015 son nouveau paquet législatif relatif à l’économie circulaire, basé sur une écoconception de l’utilisation des ressources destinée à favoriser une croissance durable à travers l’Union européenne. 

En carrousel matière:  Oui Matières OASIS:  Néant

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Révision et réexamen des décisions pénales

I have referred repeatedly in the past to an inevitable attraction which some find in harmonising private, incuding contract law, in the Member States. The Common European Sales Law (CESL) proposal is dead, and for good reason. Its demise however has not led to the European Commission leaving the path of harmonisation in contract law. The EC has now selected bits and pieces of the CESL approach which it reckons might pass Member States objections. The proposed ‘fully harmonised’ rules on e-commerce formally do not close the door on party autonomy in the contracts under their scope of application. Yet in forcing regulatory convergence top-down, the aim is to make choice of law for these contracts effectively nugatory.

The EC itself formulates it as follows (COM(2015)634, p.1:

“This initiative is composed of (i) a proposal on certain aspects concerning contracts for the supply of digital content (COM(2015)634 final), and (ii) a proposal on certain aspects concerning contracts for the online and other distance sales of goods (COM(2015)635 final). These two proposals draw on the experience acquired during the negotiations for a Regulation on a Common European Sales Law. In particular, they no longer follow the approach of an optional regime and a comprehensive set of rules. Instead, the proposals contain a targeted and focused set of fully harmonised rules.”

Consequently the same proposal reads in recital 49 ‘Nothing in this Directive should prejudice the application of the rules of private international law, in particular Regulation (EC) No 593/2008 of the European Parliament and of the Council and Regulation (EC) No 1215/2012 of the European Parliament and the Council‘: that is, respectively, Rome I and Brussels I Recast’.

Consequently and gradually, choice of law for digital B2C contracts becomes redundant, for the content of national law converges. Support for this in my view is not rooted in fact (the EC’s data on the need for regulation have not fundamentally changed since its doomed CESL proposal), neither is it a good development even for the consumer. National consumer law is able to adapt, often precisely to the benefit of the consumer, through national Statute and case-law. Turning the EU regulatory tanker is much more cumbersome. The circular economy, recently often debated, is a case in point. Many national authorities point to limitations in contract law (incuding warranty periods and design requirements) as an obstacle to forcing manufacturers, including for consumer goods, to adopt more sustainable manufacturing and distribution models. The EC’s current proposals do no meet those challenges, rather, they obstruct them.

Geert.

On 4 February 2016, the University Jean Moulin Lyon 3 will host a workshop on Global Phenomena and Social Sciences.

The event will feature five panels, which will address the topic, respectively, from the point of view of politics, business, economics, anthropology and law.

Among the speakers of the latter panel, Jean-Sylvestre Bergé (Univ. Jean Moulin Lyon 3) will talk of Border Crossing Phenomenon and the Law.

Further information in the flier of the initiative.

On 6 June 2016, the 3rd Yale-Humboldt Consumer Law Lecture will take place at Humboldt-University Berlin. This year’s speaker will be Professor Richard Brooks (Yale Law School/Columbia Law School), Professor Henry Hansmann (Yale Law School) and Professor Roberta Romano (Yale Law School).

The program reads as follows:

• 2.00 p.m. Welcome by Professor Susanne Augenhofer and the Vice President for Research of Humboldt University, Professor Dr. Peter A. Frensch
• 2.15 p.m. Professor Richard Brooks, Columbia Law School
• 3.15 p.m. Coffee break
• 3.45 p.m. Professor Henry B. Hansmann, Yale Law School
• 4.45 p.m. Break
• 5.00 p.m. Professor Roberta Romano, Yale Law School
• 6.00 p.m. Panel Discussion
• 7.00 p.m. Reception

Further information regarding the event is available here. Participation is free of charge but registration is required. Please register online before 27 May 2016.

The annual Yale-Humboldt Consumer Law Lecture brings faculty members from Yale Law School and other leading US law Schools to Berlin where they spend time at Humboldt Law School. During their stay, and as part of a variety of activities, the three visitors will interact with colleagues as well as with doctoral candidates and students. Highlight of their stay is the Yale-Humboldt Consumer Law Lecture, which is open to all interested lawyers. The speakers’ remarks will be followed by discussion.

The Yale-Humboldt Consumer Law Lecture aims at encouraging an exchange between American and European lawyers in the field of consumer law, understood as an interdisciplinary field that affects many branches of law. Special emphasis will therefore be placed on aspects and questions which have as of yet received little or no attention in the European discourse.

La Cour de justice de l’Union européenne considère qu’un contrat de bail commercial portant sur la location d’une grande surface située dans un centre commercial contenant une clause octroyant au preneur le droit de s’opposer à la location par le bailleur, dans ce centre, d’espaces commerciaux à d’autres locataires n’est pas un accord anticoncurrentiel par objet, contraire à l’article 101, paragraphe 1, du Traité sur le fonctionnement de l’Union européenne (TFUE).

En carrousel matière:  Non Matières OASIS:  Affaires Immobilier

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This seventh volume in the Swedish Studies in European Law series (Hart Publishing, Oxford) brings together some of the most prominent scholars working within the fast-evolving field of EU civil justice. Civil justice has an impact on matters involving, inter alia, family relationships, consumers, entrepreneurs, employees, small and medium-sized businesses and large multinational corporations. It therefore has great power and potential. Over the past 15 years a wealth of EU measures have been enacted in this field. Issues arising from the implementation thereof and practice in relation to these measures are now emerging. Hence this volume will explore the benefits as well as the challenges of these measures. The particular themes covered include forum shopping, alternative dispute resolution, simplified procedures and debt collection, family matters and collective redress. In addition, the deepening of the field that continues post-Lisbon has occasioned a new level of regulatory and policy challenges. These are discussed in the final part of the volume which focuses on mutual recognition also in the broader European law context of integration in the area of freedom, security and justice.

The editors

 Burkhard Hess is Director at the Max Planck Institute Luxembourg for International, European and RegulatoryProcedural Law.

Maria Bergström is Senior Lecturer in EU law at the Faculty of Law, Uppsala University.

Eva Storskrubb is Marie Curie Research Fellow at Uppsala University

The Academy of European Law (ERA) will host a conference on the new proposals for Directives on contracts for the supply of digital content (COM(2015) 634 final) and contracts for the online and other distance sales of goods (COM(2015) 635 final), which were published by the European Commission on 9 December 2015 and contain a set of fully harmonized rules on e-commerce. The conference is organized by Dr Angelika Fuchs (ERA) and will take place on 18 February 2016 in Brussels. The event will offer a platform to discuss the new legislative package, which has already become the subject of highly controversial debate, at an early stage in the legislative process by bringing together representatives of the European Commission and the European Parliament as well as legal practitioners, stakeholders and academics.

Key topics will be:

• Scope of the proposed Directives
• How to define conformity?
• Remedies and exercise of remedies
• Specifics for the supply of digital content
• Looking ahead: High standards or low costs for online trade?

The full conference programme is available here.

The speakers are

• Razvan Antemir, Director Government Affairs, EMOTA, Brussels
• Professor Hugh Beale QC, University of Warwick, Harris Manchester College, University of Oxford
• Samuel Laurinkari, Senior Manager, EU Government Relations, eBay Inc., Brussels
• Professor Marco B.M. Loos, Centre for the Study of European Contract Law, University of Amsterdam
• Pedro Oliveira, Senior Adviser, Legal Affairs Department, BUSINESSEUROPE, Brussels
• Ursula Pachl, Deputy Director General, BEUC – The European Consumer Organisation, Brussels
• Professor Dirk Staudenmayer, Head of Unit – Contract Law, DG Justice, European Commission, Brussels
• Professor Matthias E. Storme, Institute for Commercial and Insolvency Law, KU Leuven
• Axel Voss MEP, Rapporteur, JURI Committee, European Parliament, Brussels / Strasbourg
• Diana Wallis, President of the European Law Institute, Vienna
• Professor Friedrich Graf von Westphalen, Rechtsanwalt, Friedrich Graf von Westphalen & Partner, Cologne

The conference language will be English. For further information and registration, please see here.

Pourvoi c/ Cour d'appel de Bastia, 9 septembre 2015

Cour d'appel de Paris, pôle 4, chambre 11, 28 mai 2015