Harmonisation of application of foreign law in member state courts

La demande est réussie.

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:

Under article 30 of the Rome II regulation (Regulation (EC) No 864/2007), the Commission had to submit a study 'on the effects of the way in which foreign law is treated in the different jurisdictions and on the extent to which courts in the Member States apply foreign law in practice'. A report on this subject was published 11 Juli 2011 by the Swiss Institute of Comparative Law (Link: https://publications.europa.eu/en/public...).

I hereby kindly request you to send me all documents, internal papers , memoranda, and studies prepared by the Commission in relation to this particular subject. I am especially interested if the Commission is preparing legislation that seeks to regulatie or harmonise the application of foreign law by member state courts and what avenues it has explored to that end. As a PhD-researcher on the application of foreign law in tax cases, I am interested in (pending) legislative initiatives on the application of foreign law in civil, since tax lawyers look closely to practices developed in civil matters.

Yours faithfully,

Clark Warren
PhD-candidate - Amsterdam Centre for Tax Law

University of Amsterdam
Faculty of Law
Roeterseilandcampus | Building A | Nieuwe Achtergracht 166
1018 WV Amsterdam, The Netherlands
T: +31 6 2347 2346

Dear Justice and Consumers,

The response to my request has been delayed. I urge you to respond at the earliest possible convenience.

Yours faithfully,

Clark Warren

Justice et Consommateurs

Dear Sir,
Thank you for your e-mail dated 24/05/2018. We hereby acknowledge receipt of your application for access to documents, which was registered on 28/05/2018 under reference number GestDem 2018/3260.

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 18/06/2018. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,
JUST ACCESS TO DOCUMENTS
--------------------------------------------------------------------------

Afficher les sections citées

Justice et Consommateurs

Dear Mr Warren

Thank you for your e-mail dated 24/05/2018.  We hereby acknowledge receipt
of your application for access to documents, which was registered on
28/05/2018 under reference number GestDem 2018/3260.

 

Your application is currently being handled. However, we are not in a
position to complete the handling of your application within the time
limit of 15 working days, which expires on 18/06/2018.

An extended time limit is needed as your application in order to look for
and retrieve all documents requested.

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 09/07/2018.

We apologise for this delay and for any inconvenience this may cause.

Yours faithfully,

 

JUST ACCES DOCUMENTS TEAM

 

Justice et Consommateurs

9 Attachments

Dear Mr Warren,

 

We refer to your request for access to documents, registered on 28/05/2018
under reference number GESTDEM 2018/3260.

 

Please find attached Part I (Legal Analysis), Part II (Empirical Analysis)
and Part III (Recommendations) of the study “Foreign Law and its
Perspectives For the Future at the European Level”,
JLS/2009/JCIV/PR/0005/E4.

 

You may reuse the documents requested free of charge for non-commercial
and commercial purposes provided that the source is acknowledged, that you
do not distort the original meaning or message of the document. Please
note that the Commission does not assume liability from the reuse.

 

Please note that this document is a study carried out by external experts
and does not reflect the position of the Commission. It cannot be quoted
as reflecting the Commission's position.

 

Concerning applicable law, the Commission has recently submitted a
proposal for a Regulation on the law applicable to the third-party effects
of assignments of claims (COM(2018)96). More information is available at:

 

[1]https://ec.europa.eu/info/law/better-reg...

 

Apart from that, the Commission is currently not preparing any new
legislation on applicable law beyond the current acquis. More information
on the acquis is available at:

 

[2]http://ec.europa.eu/civiljustice/applica...

 

We would be grateful if you could confirm the receipt of this message.

Yours sincerely,

Secretariat

 

 

[3]cid:image001.gif@01D3C5BE.3CE70EB0

European Commission

DG Justice and Consumers
A1 - Civil justice

MO59 2/075

1049 Brussels/Belgium

+32 229-56567

[4][email address]

 

 

 

References

Visible links
1. https://ec.europa.eu/info/law/better-reg...
2. http://ec.europa.eu/civiljustice/applica...
4. mailto:[email address]

Dear Justice and Consumers,

Thank you for the response and the report prepared by the Swiss Institute of Comparative Law (which I had already mentioned in my initial request and posted a link to). Just to be clear: the EC will not be following up on the recommendations of the Swiss Institute for Comparative Law?

Yours sincerely,

Clark Warren

Justice et Consommateurs

1 Attachment

Dear Mr Warren,

 

Thank you for your email of 18 June 2018.

 

We can confirm that the current Work Programme of the Commission does not
contain an initiative in this field.

 

Best regards,

 

 

Yours sincerely,

Secretariat

 

 

[1]cid:image001.gif@01D3C5BE.3CE70EB0

European Commission

DG Justice and Consumers
A1 - Civil justice

MO59 2/075

1049 Brussels/Belgium

+32 229-56567

[2][email address]

 

 

 

 

 

Afficher les sections citées