Practice Guide for the application of the Brussels IIa Regulation from 2014 ( 2003/2201/EC ; BIIa ) - ISBN 978-92-79-39738-7

The request was refused by Justice and Consumers.

Dear Justice and Consumers,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

In 2014 the commission has published a "Practice Guide for the application of the Brussels IIa Regulation"

Therefore I would like to know:

(1) What was the previous document which this new document has substituted ? A copy of the original document, expenses and who has made this ?

(2) The reasons for making a new document on the practical guide for EC2201/2003.

(3) When and who has made the decison to get this new document ?

(4) Was this production/contract scheduled and since when ?

(5) Was there a call for tenders ?

(6) What person from the commission has guided the - I suppose - external work ?

(7) Who has made this document (all peoples names who participated)

(8) When did the work on the document start ?

(9) When was the document finished ?

(10) How are the other legal the agreements (The Hague Conventions, UN Conventions, EU Charter of fundamental rights etc) ?

(11) All internal (EUCommission) communication ?

(12) All documents, correspondence, including e-mails, budget, bills, list of invites between the EU commission and external organisations and persons ?

(13) the participation of Members of the EU parliament ?

(14) the participation of the EU Parliaments petition committee ?

(15) the participation (including names of the persons) from the EU Court in Luxembourg ?

(16) the participation (including names of persons) from the ECHR in Strasbourg ?

(17) all previous (including rejected) versions of the published document ?

(18) the names of all commission departments who have participated ?

(19) the final expenses for this document ?

Yours faithfully,

Vinzenz Zinser

Dear Justice and Consumers,

Also I would like to know who put:

"The enforcement procedure is not governed by the Regulation, but by national law"

into the document whilst it is written in EU law/in the reguation:

http://eur-lex.europa.eu/legal-content/E...

"Article 47

Enforcement procedure

1. The enforcement procedure is governed by the law of the Member State of enforcement.

2. Any judgment delivered by a court of another Member State and declared to be enforceable in accordance with Section 2 or certified in accordance with Article 41(1) or Article 42(1) shall be enforced in the Member State of enforcement in the same conditions as if it had been delivered in that Member State.

In particular, a judgment which has been certified according to Article 41(1) or Article 42(1) cannot be enforced if it is irreconcilable with a subsequent enforceable judgment."

This is misleading as it is said national procedures for enforcement have to be applied. Even more, it says such an international order has to be treated in the same way, as an existing national order ready for enforcement.

This does not mean the person looking for enforceemt has to start national proceedings.

-> It just says there has to be enforcement based on the national rules.

Therefore the sentence is incomplete.

I put this as additional question:

(20) Who in DG JUST is responsible for this and has to be made aware of this?

Yours faithfully,

Vinzenz Zinser

Justice and Consumers

Dear Sir,

We have received your application of 16 June 2015, as well as the
complementary question sent the same day.

 

Unfortunately you have not indicated your postal address, as required for
registering and handling your request in line with the procedural
requirements. It is not your first request of access to documents and we
have a physical address in our archive.

However, we have to check for each application to which address the
applicant wishes to receive the European Commission's reply.

With respect to this request, I would like to recall that the provision of
a postal address is from 1 April 2014 a mandatory feature for the purpose
of introducing a request for access to documents, irrespective of the
possibility to post electronically the Commission reply and the released
documents on a website.

 

Please send us your full postal address at your earliest convenience.
Pending your reply, we reserve the right to refuse the registration of
your request.

 

If you do not wish that your private address become of public domain you
can address an e-mail to our functional mailbox or use directly the
electronic form for entering your request:

 

[1]http://ec.europa.eu/transparency/regdoc/...

 

Best regards,

 

JUSTICE ACCESS TO DOCUMENTS TEAM

References

Visible links
1. http://ec.europa.eu/transparency/regdoc/...

Dear Justice and Consumers,

use the following adress:

Vinzenz Zinser
Hauptstrasse 8
88427 Bad Schussenried
Germany

Yours faithfully,

Vinzenz Zinser

Justice and Consumers

Dear Mr Zinser,
Thank you for your e-mail dated 16/06/2015.
Your request falls under the scope of the code of good administrative behaviour and is being treated as a request for information.
Yours faithfully,
JUST ACCESS TO DOCUMENTS TEAM

show quoted sections

Justice and Consumers

Dear Mr Zinser,

Thank you for your email dated 16/06/2015. We hereby acknowledge receipt of your request for access to document which was registered on 19/06/2015 under reference GestDem 2015/3298 (point: 1, 11, 12 and 17) . In accordance with Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents, your application will be handled within 15 working days. The time limit will expire on 10/07/2015. In case this time limit needs to be extended, you will be informed in due course.

You will receive a separate reply for the other questions, they will be treated as a request for information under the scope of the code of good administrative behaviour.

Yours faithfully,
JUST ACCESS TO DOCUMENTS TEAM

--------------------------------------------------------------------------------------------

show quoted sections

Dear Justice and Consumers,

i am waiting for the answers.

Yours faithfully,

Vinzenz Zinser

Justice and Consumers

Dear Sir,

Subject: Your application for access to documents – Ref GestDem No 2015/3298

We refer to your e-mail dated 16/03/2015 in which you make a request for access to documents, registered on 16/06/2015 under the above mentioned reference number.
Your application is currently being handled. However, we will not be in a position to complete the handling of your application within the time limit of 15 working days, which expires on 10/07/2015.
An extended time limit is needed as in order to retrieve the documents requested, large files have to be examined.
Therefore, we have to extend the time limit with 15 working days in accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding public access to documents. The new time limit expires on 31/07/2015.
We apologise for this delay and for any inconvenience this may cause.

Yours faithfully,

European Commission
Directorate-General for Justice and Consumers
Civil Justice Policy Unit

----------------------------------------------------------------------------------------------------

show quoted sections

Dear Justice and Consumers,

new time limit (extension) for 31st July 2015 set from EU Commission.

Yours faithfully,

Vinzenz Zinser

Justice and Consumers

5 Attachments

Reg. number :
Ares(2015)3223342

 

 

Dear Mr Zinser,

 

Please find attached a copy of the reply to your request for access to
documents registered under Gestdem N° 2015/03298 and your additional email
of 16 June 2015 signed by our acting Director General Ms Michou.

 

The original has been sent to you by post.

 

Yours sincerely,

Secretariat

[1]cid:image001.gif@01CE83E0.1EAB2A50
European Commission
Directorate-General for Justice and Consumers

Civil Justice Policy Unit

 

 

 

 

References

Visible links

Dear Justice and Consumers,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Justice and Consumers's handling of my FOI request 'Practice Guide for the application of the Brussels IIa Regulation from 2014 ( 2003/2201/EC ; BIIa ) - ISBN 978-92-79-39738-7'.

The currently acting (and leaving) DG Mrs Paraskevi Michou has written:
"Following an examination of the documents requested under the provisions of Regulation (EC) No 1049/2001 regarding public access to documents I have come to the conclusion that they may be partially disclosed. You will find attached the terms of reference prepared by the Commission to request the revision of practice guide, the specific contract which was signed with the contractor as well as the 2006 version of the guide the revision of which was asked for.
However, the disclosure of the framework contract signed with the external contractor as well as the offer submitted to the Commission in reply to its request which contains information on the remuneration and the methodology of the work cannot be disclosed on the basis of the exception to the right of access laid down in Article 4 of this Regulation. The document which you seek to obtain contains commercially sensitive business information of the company that submitted the offer to carry out the revision of the guide. Disclosure of that document would undermine the protection of the commercial interests of the company that submitted it, as putting this information in the public domain would affect its competitive position on the market. Therefore the exception laid down in Article 4(2) first indent of Regulation (EC) No 1049/2001 applies to these documents."

Mrs Michou also refers to a court case for a preliminary ruling of the European Court of Justice - requested from the Austrian Courts - where the Italian courts had jurisdiction.

As it comes out in this case the Austrian Mother has actively cutted the parental roots of the child to the natural father. The mother actively stopped contact between a helpless 2 to 4 year old little girl and the father.

Seeing that the EU commission had to change documents in making a new guideline show very clear that the European Courts of Justice have interpreted the Brussels IIa law (EC2201/2003) different as the EU-Commission has intended to make it and as the commission understood their law. Means the commission had made guidelines which were different to the courts rulings.

Seeing that the EU Commission has been informed about a case where UK actively sabotaged parental contact between a father and a child in violation EC2201/2003
http://www.asktheeu.org/en/request/docum...
(Mrs Viviane Reding, Mrs Cecilia Malmström and the EU commission members have been regularly informed)
and further realizing that the deciding Head of Unit Michael Shotter who is a British lawyer (unfortunately the EU commission does not disclose his CV) and his subordinary employee Joanna Serdynska has denied several times the violation of EU law through UK:
https://archive.org/details/20141111Brus...
whilst the EU commission in this case has NEVER recommended to send the case to Luxemburg Court for a preliminary ruling on national enforcements of EC2201/2003 there cannot be trust in the work of the EU Commission (especially not in Directorate A1 Civil Justice Policy, Mr Shotter).

Even worse, this commission has never started infringement proceedings against UK as requested from PETI MEPs.

Therefore I request to disclose fully the contract details and the directions given. Means I request that original request is fully answered.

It may be mentioned that not the commission itself (means not DG JUST) but the Commmissions Legal service department has been at the court hearing which again puts serious questions on the qualification of Mr Shotter and Mrs Serdynska in deciding if there were violations of EU law and their qualification about recommendations and decisions about infringement proceedings.
Quote from ECJ Court decision:
"der Europaischen Kommission, vertreten durch M. Wilderspin und S. Grunheid als Bevollmachtigte,"

A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/pract...

Yours faithfully,

Vinzenz Zinser

Justice and Consumers

Dear Mr Zinser

To be able to follow up on your request, kindly provide us with the GESTDEM reference.
Regards

JUST ACCESS DOCUMENTS TEAM

show quoted sections

Dear Justice and Consumers,

GESTDEM 3298 2015.

This is the link: http://www.asktheeu.org/en/request/pract...

Yours faithfully,

Vinzenz Zinser

Justice and Consumers

Dear Sir:

We hereby acknowledge receipt of your confirmatory application for access to documents dated 06/08/2015, which has been registered today under reference number GestDem 2015/3298 – Ares(2015)3437448.

In accordance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, your application will be handled within 15 working days.

The time limit will expire on 09/09/2015. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,
Priscille Schiltz
European Commission
SG B4 - Transparency, 'Access to documents'

show quoted sections

Justice and Consumers

1 Attachment

Dear M. Zinser,

The reply from yesterday concerns your Gestdem 2015/3298 application

(Practice Guide for the application of the Brussels IIa Regulation)

Best regards

DANIEL VANCAMPENHOUT
Assistant

European Commission
Secretariat General
Unit B4 - Transparency

show quoted sections

Justice and Consumers

2 Attachments

Dear Mr. ZINSER,

 

Please find attached a letter concerning your confirmatory application for
access to documents under Regulation (EC) No 1049/2001 - GESTDEM
No 2015/3298

 

Yours sincerely,

 

 

DANIEL VANCAMPENHOUT
Assistant
[1]cid:image001.gif@01D0E407.85B79790
European Commission
Secretariat General

Unit B4 - Transparency

BERL 05/321
B-1049 Brussels/Belgium

[2][email address

 

References

Visible links
2. mailto:[email address]

Justice and Consumers

5 Attachments

Dear Mr Zinser,

 

Please find attached a preliminary copy of the answer concerning your
submission of a confirmatory application pursuant to Regulation (EC) N°
1049/2001 regarding public access to European Parliament, Council and
Commission documents, ref: GestDem 2015/3298.

 

NB: The original note will be sent to you by registered post; annex only
transferred by email.

 

Best regards,

 

 

ACCESS TO DOCUMENTS TEAM

[1]ec logo
European Commission
Secretariat General
Unit SG.B4 – Transparency

 

 

 

References

Visible links