[FYI] Legal cooperation in civil and commercial matters

["Axel H Horns" <horns@t-online.de>]

http://europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&do
c=CES/00/14|0|RAPID&lg=EN

------------------------------- CUT --------------------------------

Legal cooperation in civil and commercial matters


 DN: CES/00/14     Date: 2000-03-06


     TXT: FR EN DE DA ES PT NL IT SW FI EL
     PDF: FR EN DE DA ES PT NL IT SW FI EL
     Word Processed: FR EN DE DA ES PT NL IT SW FI EL

CES/00/14 

[Graphic in PDF & Word format]  

[Graphic in PDF & Word format]  

Brussels, 1 March 2000 

Legal cooperation in civil and commercial matters

The European Economic and Social Committee has just adopted an 
opinion on the Proposal for a Council Regulation on jurisdiction and
the recognition and enforcement of judgements in civil and commercial
matters. The rapporteur was Mr Henri MALOSSE, Employers Group, France.
 

The Committee very strongly endorses the Commission's proposals.
Replacement of the Brussels Convention by a regulation with direct
application in the twelve Member States participating without
restriction in the justice/security part of the Treaty represents
significant progress and will create greater legal certainty.  

The Committee places particular emphasis on the out-of-court 
settlement of disputes in civil and commercial matters. The use of
arbitration, mediation or conciliation should be encouraged, provided
these procedures are straightforward, quick and inexpensive.  

The Commission's proposals with regard to electronic commerce have led
to heated debate between consumers and business. With a view to
reconciling consumer concerns, on the one hand, and the increased use
of electronic commerce by small and medium-sized enterprises, on the
other hand, the Committee suggests that methods of settling disputes
be adopted which meet the needs of electronic commerce (such as codes
of good conduct, "cybertribunals" and the use of mediation), whilst
ensuring protection of the consumer.  

The Committee suggests a system of self-regulation for the electronic
commerce sector which would encourage the introduction of automatic
provisions for recourse to mediation, particularly for small
transactions. The courts would then only intervene as a last resort.  

Contact : Birgit FULAR (tel. 546.90.44) 

------------------------------- CUT --------------------------------