FITUG e.V.
Förderverein Informationstechnik und Gesellschaft
FITUG e.V.Förderverein Informationstechnik und Gesellschaft |
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http://europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&doc=CES/00/14|0|RAPID&lg=EN
Legal cooperation in civil and commercial matters
DN: CES/00/14 Date: 2000-03-06
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PDF: FR EN DE DA ES PT NL IT SW FI EL
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CES/00/14
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[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)