Special Citizens’ access to law Dossier and justice in Europe Pages 9-17 Published on the occasion of the conference organised by the Delegation of French Bars in Brussels EUROPOLITIcs

The European affairs daily Thursday 18 September 2008 N° 3598 36th year

Focus CAP health check Ditching a Presidency submits commissioner? compromise proposals

By Célia Sampol By Luc Vernet considers that the objective of a better distribution of support between farm- To quote Jean-Claude Juncker, it does The initial suggestions submitted by ers can also be fulfilled by granting not seem realistic to think that the Lisbon the EU Presidency in the framework of member states a certain flexibility thanks Treaty can come into force before the negotiations on the Common Agricul- to the instruments proposed by the European elections in June 2009. It will tural Policy (CAP) ‘health check’ will be Commission. rather be “early 2010,” because “to be informally discussed by agriculture min- In particular, the implementation of able to come into force in June 2009, the isters during their session of 29 and 30 the reconciliation of payment levels or text should be ratified by all the member September in Brussels. regionalisation could also mobilise finan- states before late February”. They essentially aim to relax the provi- cial resources resulting from the decou- This was widely suspected, but coming sions proposed by the European Com- pling of aid anticipated in the frame- from the mouth of a man as experienced mission to improve the allocation of aid work of the ‘health check’. Likewise, and respected as the prime minister of and decouple aid which is still linked to member states will have the possibility Luxembourg and the president of the production or transformation, in order of increasing their reserve (difference Eurogroup, these words take on a more to grant specific aid to certain regions between the national budgetary ceiling resounding meaning. In this context, if the or sectors, manage risks and crises and and the total value of all payment enti- second Irish referendum really does not accompany the anticipated dismantling tlements granted) when the anticipated take place before the EU elections, that of dairy quotas. decoupling involves low amounts. means that the new European Parliament To ensure a better distribution of sup- Lastly, according to the French Presi- will be elected on the basis of the current port for farmers, the Commission pro- dency, a technical measure of simplify- Treaty of Nice and will be made up of 736 poses that member states move from a ing management of the single payment MEPs and not 751 as set out in Lisbon. single payment scheme based on his- scheme could be taken by opening up But, above all, and this is more compli- toric references to a regionalised system the possibility of creating “special single cated, it means that there will need to be or towards the reconciliation of the value payment entitlements”. an agreement on the reduced European of payment entitlements. Commission, including fewer members These two options raise both political DECOUPLING OF AID than member states, which would mean and technical difficulties and therefore The Presidency intends to anticipate, 26 commissioners maximum. require a sufficient period of preparation, on a case-by-case basis, together with the To resolve this sensitive point, there has considers the French Presidency of the Commission, an extension of the tran- been talk in EU circles that the country EU, which proposes that member states sition period towards the decoupling of that loses a commissioner should be the be able to decide by 1 August 2010 - and aid still linked to production and trans- one which holds the post of high repre- not 1 August 2009, as recommended by formation. sentative for foreign policy and security the Commission - whether to establish, The objective, it explains, is to ensure (currently Spain, with Javier Solana). as of the following year, regionalisa- sufficient visibility for the sectors con- Another institutional quick fix to resolve tion or the reconciliation of payment cerned and to maintain a transformation an EU deadlock. entitlements. industry in the regions where this is eco- At the same time, the Presidency nomically essential. (continued on page 5)

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Contents N° 3598 Top Stories Special Citizens’ access to law Dossier and justice in Europe Pages 9-17 Published on the occasion of the conference organised by the Delegation of French Bars in Brussels Business & competitiveness Special Dossier Citizens’ access In Brief Air transport: New Olympic Airways to to law and justice in Europe EU trade deficit inching up...... 20 take off...... 4 “We must build a genuine Verheugen “shocked” by European judicial area”...... 9 influence of lobby groups...... 20 Sectoral policies Interview with Dominique Voillemot, Poland to adopt euro in Energy technologies: EP seminar president of the Delegation of French 2012 and not 2011...... 20 examines patents blocking technology Bars in Brussels: Lawyers bridge gap Ferrero-Waldner meets transfer...... 4 between citizens and Europe ...... 10 Azeri foreign minister...... 21 CAP health check: Presidency Interview with Jonathan Faull, State aid investigation at SNCB...... 21 submits compromise proposals...... 1 director-general at the European Call for liberation of Integration: Barrot clarifies position Commission: ‘European rule of law’ Aung San Suu Kyi...... 21 on data collection on Roma...... 5 is cement that holds Union together...... 11 MEPs’ declaration on Data protection: Commission Free movement of lawyers terrorism blacklist...... 21 speaks out on Edvige...... 5 gets good report...... 12 Marseille European capital Fisheries: CFP revision kicks off...... 6 Competition law becoming of culture in 2013...... 21 more accessible to citizens...... 13 Economic & monetary affairs, Union strengthens tools EU Agenda...... 22 taxation of European judicial area...... 14 Financial crisis: Juncker feels a EU to go electronic for its “rare degree of uncertainty” ...... 7 legal communication...... 14 Reinforced cooperation to Institutions facilitate binational divorces?...... 15 UK/Treaty: Anticipated Tory victory Criminal sanctions for pollution at sea....16 would be bad for new treaty...... 7 Unlike lobbyists, lawyers are part of the judicial system...... 17 External relations EU/Georgia: Jouyet confirms Defence & security Europe’s position...... 8 ESDP Chad-CAR Mission: EU/ACP: Commission targets Low-key mid-term assessment EPAs by end 2009...... 8 for preparing post-EUFOR...... 20 EU/Canada: Launch of talks on new economic partnership in jeopardy...... 19 EU/Vietnam/China: Commission rebuked over anti-dumping duties on footwear...... 19

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Air transport New Olympic Airways to take off

By Isabelle Smets 65% at most in terms of capacity), which the liquidation of Olympic and the cre- “will give other airlines the possibility ation of a new airline coincided with the The European Commission cleared, to take advantage of the market and the official conclusion of the Commission’s on 17 September, the plan presented by slots freed up,” said Tajani. According to investigation, opened in December 2007, Greece for the privatisation of part of the the commissioner, the transaction will into state aid granted to Olympic Airlines/ assets of Olympic Airlines and Olympic have to be brought to conclusion by the Airways since December 2004. It was no Airways Services. The process will result in surprise that the EU executive concluded the liquidation of the two debt-laden com- “In no case will the new that the aid estimated at just over €850 panies and the creation of a new 100% pri- million was illegal. “It will therefore have vate airline. The project “involves no state private company be to recover the funds,” explained Antonio aid,” explained Transport Commissioner identical to the earlier one” Tajani. Antonio Tajani. The repayment of the illegal aid will The Greek plan provides for the sale at take place “on the basis of the sale of the prevailing market rates of certain assets of end of December 2009. “In no case will assets of the former Olympic”. According Olympic Airlines and Olympic Airways the new private company be identical to to experts, however, the sale of assets may Services, the two firms that succeeded the earlier one.” not be enough to cover the entire debt, Olympic Airways in 2003. Three ven- An independent supervisory body will which is perfectly legal in the case of a tures will be created: an airline that will oversee the privatisation process and, in liquidation procedure. take over part of Olympic Airlines’ capac- close collaboration with the Commission, Part of the investigation “requires fur- ities - around 65% - and will be allowed to will ensure that the Greek government ther review” and has not been concluded use the Olympic Airways name and logo, abides by its commitments. “If the Com- to date. Furthermore, a procedure under- and two other companies that will oper- mission is not satisfied with any aspect of way before the EU Court of Justice for ate ground handling and maintenance the procedure, it may re-open the case,” failure to recover illegal aid paid after services. The new airline will necessarily notes a press release. December 2002 “is still open,” added be smaller than its predecessor (handling The announcement of the go-ahead for Tajani. n

Energy technologies EP seminar examines patents blocking technology transfer

By Dafydd ab Iago One area that has seen broad claims is as an emerging area of technology, the that of hydrogen propulsion for vehicles. need for incentives is even more impor- The transfer of environmentally-friendly According to panellist David Martin, CEO tant. Renewables is also area where there technology plays a crucial role in interna- of M-CAM, a company involved in knowl- are fewer dangers of monopolies patent at tional efforts to combat climate change. edge asset management, many patents this point in time. James Love, director at However, according to a workshop in the issued 15 to 20 years ago are now aban- Knowledge Ecology International, under- European Parliament, on 17 September, doned and litter the research space. This lined the great increase in the number organised by the Greens-EFA group, intel- makes it increasingly difficult to patent of energy-related patents in recent years, lectual property rights are increasingly an commercial applications today. Martin vig- especially in the field of alternative fuels impediment to the transfer of green energy orously attacked the notion of intellectual and renewables. He, nonetheless, stressed technology. This is despite the signifi- property rights (IPR) as restricting access as the need for a balanced approach in decid- cant proportion of research in the energy a means of control. “The IPR paradigm is ing when it might be important to over- and environmental sector that is publicly unfounded,” said Martin. He questioned ride exclusive rights granted by patents. funded. The EU currently enjoys a lead- the idea that economic growth is stimulated “In fighting climate change, you actually ing position in eco-industries, accounting via intellectual property. Martin accused want the developing world to use energy for almost one-third of the global sector patent offices of having a vested interest in efficient technology. This benefits every- turnover. According to some estimates, the issuing ever more patents in order to gain one,” said Love. He also pointed to the global market is set to double to around greater fee income. need to move away from the idea that a €2,300 billion by 2020. The EU market for A less anti-IPR approach was taken by single patent has an exclusive right. “This eco-innovation itself has been calculated at other panellists. Gérard Giroud, director can block development,” said Love. He some €230 billion or around 2.2% of EU of European and international affairs at referred to US presidential candidate John GDP, accounting for 3.4 million jobs. the European Patent Office, stressed the McCain’s proposal to offer a federal prize Eva Lichtenberger (Greens, Austria) role of intellectual property protection in of US$300 million to push forward devel- pointed to the increasing problems caused establishing incentives that push forward opment of new-generation batteries for by patents that block areas of innovation. energy technologies. He also noted that electric cars and plug-in hybrids. n www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3598 Thursday 18 September 2008 

CAP health check according to production sector, the rate extended to livestock production in (continued from page 1) of 60% of the insurance premium pro- member states which so desire, within the limits allowed by the World Trade According to the French Presidency, The French Presidency Organisation’s ‘green box’. transitional provisions should be taken Lastly, the French Presidency intends to allow member states to incorporate considers that the current to analyse, together with the Commis- into this article (the use of up to 10% of provisions in place at sion, the possibility of the coexistence national budgetary ceilings for specific national level must not of measures of the Article 44 type on support) measures which were applied single market organisation (exceptional by way of its predecessor, Article 69. be called into question measures for the support of markets The French Presidency considers in the event of animal diseases affect- that, being a matter of collected insur- posed by the Commission then being ing trade) and the proposals drawn up ance, the current provisions in place at considered as a maximum. by the Commission for mutualisation national level must not be called into In this case, the Community’s finan- funds in the event of animal and veg- question. cial participation would be expressed as etable diseases. Furthermore, member states should a percentage of public expenditure. At the same time, the range of these have the possibility of adapting the Moreover, the anticipated mecha- funds will be extended to cover local public contribution granted to farmers nism for collected insurance could be environmental risks. n

Integration Barrot clarifies position on data collection on Roma

By Nathalie Vandystadt Barrot was critical of the remarks by of ethnic group or religion.” The com- philanthropist George Soros, founder and missioner nevertheless noted that it EU Commissioner for Justice, Freedom president of the Open Society Institute. had to be seen “how these measures are and Security Jacques Barrot set the record The American billionaire of Hungarian applied”. He has received confirmation straight on the debate over the collection of origin said he feared that “the fingerprint- that a European Parliament delegation data on Roma in Italy. The first European ing of Roma in Italy” may become a “de will go to Italy to check on how the Roma summit, held on 16 September in facto rule” in the EU. measures are applied. Brussels, was an event for the ten million “Either Mr Soros is not aware of the Barrot also urged the 27 member people throughout the EU belonging to facts or else he is acting in bad faith,” states to adopt the Framework Decision the Roma community, who are often vic- said Barrot. Concerning the Italian proj- on racism and xenophobia, saying it was tims of discrimination. But the Roma used ect, “we immediately said that in no case a “particular source of concern” to see the conference to express their anger over would we accept the fingerprinting of that a text proposed by the Commis- the Commission’s recent endorsement of minors without a court order and with- sion in 2001 has still not been adopted the fingerprinting of the Roma by Silvio out legitimate reasons. We also expressed in spite of the support of almost all the Berlusconi’s government. our opposition to doing so on the basis member states. n

Data protection Commission speaks out on Edvige The subject is explosive in France and if the subject is not a repeat offender,” lel” with the equally controversial issue the European Commission also has its Barrot told Le Monde. The commis- of creating a database on Roma in Italy. opinion on the French ‘Edvige’ proposal sioner, who is not in charge of law and “We immediately said that we would not for a database of personal information. order, defence or the protection of state agree to the fingerprinting of minors According to the daily Le Monde of 17 activities (which is the exclusive com- without an order from a judge and for September, Jacques Barrot, the French petence of the member states), warns legitimate reasons. We also expressed commissioner for justice, freedom and on the other hand that “the principle of our opposition to collecting informa- security, “has made it known to Home proportionality must be observed,” since tion based on individuals’ ethnic back- Affairs Minister Michèle Alliot-Marie the register will collect information on ground or religion,” said Barrot, on that he wants the shortest possible data people involved in political, trade union 16 September in Brussels. retention period for minors over age 13 or associative activities. He rejects the “What was done with the Italians concerned by Edvige”. collection of data on the basis of ethnic must apply elsewhere,” said a senior “This would be in the spirit of the background or religion. official quoted by Le Monde. Like the EU institutions: the retention period for According to the French daily, the Italian case, the French proposal will be such data has to be limited, especially commissioner’s services create a “paral- reviewed by the Commission. n

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Fisheries CFP revision kicks off

By Anne Eckstein itability. Joe Borg said it will take time in the EU fleet; the need to make fish- to prepare a full analysis of the changes ermen accountable for the sustainable The 2002 reform of the Common needed and to put an action plan in place. use of a public resource; the priority of Fisheries Policy (CFP) unquestionably He also considers it essential for all stake- ecological sustainability over economic improved the management of resources holders to take part in this process, which and social sustainability; revision of the and fisheries, but its implementation still is why the process of assessing the 2002 decision making process and simplifica- presents difficulties, noted Joe Borg, on 17 reform needs to be launched now. tion of regulations; and alignment of the September. The fisheries commissioner Commissioner Borg listed some of the CFP with the marine strategy framework presented to the European Commission an achievements made under the earlier directive. assessment and guidelines for the future of reform: greater credibility and transpar- The informal Fisheries Council, on the CFP (see Europolitics 3585), kicking ency of the scientific basis of policy, a sig- 29 September, will focus on this theme. off the mid-term review of the CFP, set to nificant number of stocks brought under If the European Council, in December be revised in 2012. long-term management plans; actions to 2008, gives the Commission the go-ahead During their debate, the commissioners deter and eliminate illegal fishing and to to start work on the reform of the CFP, acknowledged that the 2002 reform has reduce discards, and better dialogue with the EU executive will present a discussion helped improve fisheries management in stakeholders. On the latter point, the cre- document in early 2009 to serve as the the EU, but it is clear that it still suffers ation of seven Regional Advisory Coun- starting point for a broad consultation of from serious shortcomings and problems. cils (RAC)1, the most recent of which, the member states and stakeholders. n Short-term decision-making, coupled the Mediterranean RAC, was declared with irresponsible behaviour by certain operational on 16 September, represents parts of the industry, continue to penalise a major advance. (1) North Sea RAC, created in 2004, Pelagic fishermen acting for the common good. There are nonetheless still many obsta- RAC and Northwestern Waters RAC (2005), The result is a vicious circle that has cles to truly sustainable fishing in EU Baltic Sea RAC (2006), Distant Water undermined both the ecological balance waters, which will be at the heart of the Fisheries RAC and Southwestern Waters RAC of oceans and the sector’s economic prof- next reform. These include overcapacity (2007)

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Financial crisis Juncker feels a “rare degree of uncertainty”

By Jean Chartier At the event, the prime minister of Luxem- finance minister regarding his views on a bourg specified that the 16 finance ministers possible economic emergency plan. “Min- Jean-Claude Juncker, president of the of the Eurogroup already decided, two years isters must defend their positions, they can Eurogroup, acknowledges that there is “a ago, on their strategy to fight inflation and on not hold up with one against fourteen. The rare degree of uncertainty at the moment Solbes plan was not a surprise for us.” for the financial situation”. He judges the In response to a participant, Juncker men- “impact on the real economy” of the latest tioned that it would be a mistake to consider twists and turns in the financial crisis to the European Central Bank responsible for be uncertain. But after the collapse of the functioning of the European economy. Lehman Brothers and the last-minute However, “I acknowledge that we have rescue, during the night, of the insurer discussions, that they are long and that the AIG by Washington, at a cost of US€85 results are small”. billion, he is moving cautiously forward in Juncker turned toward his EPC counter- the minefield: “If I respond that the bank- part and asked him, maliciously: “Do you ing crisis will grow, I make the headlines; think that the economy would be better if I answer that it will ease, the same papers with 16 national banks? Do you think that will call me out in two weeks”. 16 Trichets would be more compliant with On 17 September, the president of the a better economic policy that one Trichet? Eurogroup was addressing the European I think that one Trichet is enough for me, Policy Centre (EPC). Even if the banking actually!” © CE crisis is not over, he said that the European Juncker: “We cannot react with more taxation in Europe” This leads him to also want, in the near economic situation will be more robust in future, a single representative for all the late 2008 than the American situation, their political line, wanting to be able to do finance ministers of the eurozone at inter- even if the figures for the second and everything to further contest member states’ national meetings. Jokingly, he even said: third quarters prove, in fact, to be worse in indirect taxation: “We cannot react with “I cannot wait for Didier Reynders [the Bel- Europe. He maintained that it would not more taxation in Europe,” he said. gian minister of finance - Ed] to take his seat be wise to imitate the USA. “The Ameri- Juncker describes the interest of the in the first row”. can tax plan only had a short-term effect, functioning of the group which he pre- Juncker does not define himself as a and only once,” he said. sides over in these words: “The Eurogroup defender “of a European authority cen- But despite the banking crisis, Juncker does is a reduced and informal form of the tralised in all respects,” but he wants the not believe that Europe is moving toward a Council. All elements discussed are not same rules to be applied everywhere in marked recession (like in 1980-1982). He communicated; exchanges are direct and Europe. insists that Europe keep its current approach frank but discrete”. The Eurogroup president concluded: to the situation in the medium term as well He says that, for two years, the Euro- “The integration of financial markets must as for the short-term crisis. group has held discussions with the Spanish happen.” n

UK/Treaty Anticipated Tory victory would be bad for new treaty

By Célia Sampol have not yet ratified the Lisbon Treaty, he take place in Manchester from 20 to 23 would withdraw the British ratification, September, Brown could well lay it all on In the event of the anticipated legislative which was concluded in July 2008, and the line. Three members of the govern- elections in the UK, the Conservatives could would organise a referendum on the EU ment have already been relieved of their return to power and challenge the ratification text. The Conservatives would not hesitate duties for being associated with an inner of the Lisbon Treaty in their country. to fiercely campaign for the ‘no’. Cameron revolt which is being organised against British MEP Richard Corbett (PES), a has also ensured that even if all the coun- Tony Blair’s successor. However, Labour’s member of Labour, explains to Europolitics tries have ratified the text at that moment, he strategy is not to organise the anticipated that if the leader of the Tories, the young and “would not leave things that way”. general elections – because it would risk charismatic David Cameron, took the reins There are a lot of ‘ifs’, acknowledges losing given the popularity lapse in the of the country after the elections planned Corbett, but these scenarios should polls – but to dismiss Brown, whose lack of for mid-2010, “it would be catastrophic for not be underestimated. Labour Prime popularity is damaging the party’s image. the UK and the European Union”. Because Minister Gordon Brown’s popularity is If this were the case, 20% of Labour MPs Cameron has announced that if his party at an all-time low and a few days from (71) would have to give their support to were to win, and if all the EU member states Labour’s annual conference, which will another candidate. n

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EU/Georgia Jouyet confirms Europe’s position

By Eric van Puyvelde The European Commission, which has of one billion dollars (approximately €700 announced aid of €500 million for Geor- million) to Georgia, of which US$570 mil- The Georgian crisis and the situation gia, hopes that the EU’s global efforts will lion by the end of the year. in Serbia and Belarus were discussed with help to double this figure with contribu- Normally, Georgia receives between €30 the French Secretary of State for Euro- tions from the 27 member states during million and €40 million per year by way of pean Affairs, Jean-Pierre Jouyet, during an the donors’ conference in October (3596). the European Neighbourhood Policy. extraordinary meeting of the European Par- “I anticipate that our contribution, as per Moreover, Charles Tannock (EPP-ED, liament’s Committee on Foreign Affairs, on usual, represents approximately 50% of the UK) and Vytautas Landsbergis (EPP-ED, 15 September in Brussels. EU’s cumulative promises” in the end, says Lithuania) estimated that strong signals “The coherence and unity of the EU, External Relations Commissioner Benita should be sent to Belarus, which recently the mediator of this conflict, is striking,” Ferrero-Waldner in a letter addressed to the freed its last political prisoners - including declared Jouyet, while presenting the Parliament, which must validate the release Alexander Kozulin, a candidate for the results of the Council of 15-16 September of €500 million. 2008 Sakharov Prize - and did not recog- regarding Georgia (see Europolitics 3596). Jean-Pierre Jouyet was cautious with nise the secessionist republics of Georgia. He believes that Europe must give regard to this objective. “We hope to have Jouyet said he preferred to wait and see greater importance to Central Asia and the highest possible amount of aid” during under which conditions the elections of 28 move ahead with its neighbourhood policy the donors’ conference, but it is difficult to September would be held. in the Caucasus as well as in the Medi- give figures, he said at the close of his hear- With regard to Serbia, the secretary of terranean. In response to a question from ing before the parliamentary committee. state shares the disappointment of the rap- Michael Gahler (EPP-ED, Germany), he “Do not forget that certain states are facing porteur on this issue, Jelko Kacin (ALDE, indicated that “the priority is the withdrawal budgetary difficulties” with the economic Slovenia), considering that signals should of the Russian forces from the areas adja- slowdown, he added. rapidly be sent to Serbia. The General cent to South Ossetia and Abkhazia, along With a billion euro, Europeans would Affairs Council has postponed the imple- lines similar to those before the onset of exceed the pledges of the United States, mentation of the interim agreement hostilities”. which has already committed to provide aid (3596). n

EU/ACP Commission targets EPAs by end 2009

By Sébastien Falletti still a concern. Ministers called for a close Peter Mandelson to speed up the process, political monitoring of the negotiations led African countries are still concerned by The negotiations for controversial new by the Commission. In a joint statement, the impact of trade liberalisation. On top trade pacts between Europe and its former they stressed “the importance of continu- of that, the signature of the only compre- colonies are still facing major hurdles and ing discussions at the political level in order hensive EPA concluded so far with the the conclusion of the so-called economic to effectively address the still contentious Caribbean region is now put into question. partnership agreements (EPAs) will take at issues” of the EPA negotiations. In particu- Originally planned in July, the signature least one extra year, admitted the European lar, it recalls the pledge made during the has been postponed until October officially Commission, on 16 September, following a EU-Africa summit, in December 2007 in because of time constraints. The reality is troika meeting with the African Union (AU) Lisbon, by José Manuel Barroso to hold that the unity of the Caribbean region is in Brussels. Louis Michel, the commissioner high-level political talks with African coun- put in jeopardy again with Guyana and in charge of development, recalled the tries. The president of the European Com- Haiti refusing to sign the deal. need to respond to the concerns expressed mission had made this pledge in Lisbon in The French Presidency of the EU has by the countries of the African, Caribbean order to allay the fears expressed by several confirmed its willingness to listen more care- and Pacific (ACP) group and said that fully- African leaders, such as Abdulaye Wade, fully to the concerns raised by the ACP and fledged EPAs could be concluded “by the president of Senegal, which had put the to change the dynamics of the negotiations. end of 2009”. This new date confirms the summit in jeopardy. “We want to be as flexible as possible,” said slipping of the calendar of the negotiations, While many ACP countries concluded Alain Joyandet, the French secretary of state which started in 2001 with the objective of emergency interim deals covering goods in charge of development, who was leading putting EU-ACP trade relations in line with in order to comply with a WTO deadline the EU delegation. In the context of the food World Trade Organisation rules. at the end of 2007, they have not formally crisis, Joyandet stressed in particular the need The meeting between the EU and the signed those agreements and are reluctant to protect the agricultural sector of the ACP AU confirmed that the level and speed to move towards fully-fledged EPAs that countries. “We need a kind of food excep- of trade liberalisation as well at its impact would include services and rules. Despite tion,” he added, stressing the need to put on the development of ACP countries is the efforts of EU Trade Commissioner development at the heart of the EPAs. n www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3598 Thursday 18 September 2008 

Special Dossier Citizens’ access to law and justice in Europe Published on the occasion of the conference organised by the Delegation of French Bars in Brussels

“We must build a genuine European judicial area” By Jacques Barrot(*) posal to improve recovery of maintenance pean advances for civil and commercial law After building the internal market, the obligations is also undergoing final adoption. is the abolition of the exequatur for court European Union has succeeded in offering But the law applicable to binational divorce decisions. Over and above that, we must its citizens an area of free movement. is still too often a source of conflicts of juris- engage in general reflection on the direct This freedom means that eight million diction. Adoption of the ‘Rome III’ proposal recognition of authentic instruments from European citizens reside today in a each member state in the other member member state other than their home states. A green paper to that effect will be country, either to study, work, accom- drawn up in 2009. pany their spouse or spend their retire- *** ment. There are also between 50,000 We will be able to bring these projects and 100,000 transnational inheritances to successful conclusion by using three every year and 170,000 divorces between levers, which all have in common the spouses with different nationalities. concepts of dialogue and partnership. Yet, while Europe’s physical borders First, the lever of the European Judicial have been abolished, legal borders all Network. I have proposed its enlargement too often remain in place. And citizens beyond judges to encompass all legal fail to understand why their rights are left professions. © CE behind in a context of increasing mobil- Barrot: “Family law is a priority” Second, the lever of e-Justice. An inter- ity across Europe. It is high time for the net portal, planned for next year, will give famous reflection by Blaise Pascal (“A strange for a regulation would give divorcing cou- all European citizens access to information justice that is bounded by a river! Truth on ples the possibility to choose by common on the different national courts and enable this side of the Pyrenees, error on the other agreement the law applicable to their case. them to participate in direct contacts using side…”) to become a thing of the past… Considerable progress is also needed on video conferences. Judges will also benefit We must build a genuine European judicial the division of estates in cases of separation. from the placing of judgements online on area where all citizens are able to assert their On the second big issue in family law, this portal. rights, irrespective of the member state where namely transnational inheritances, no legisla- Third, we must strengthen the lever of they reside. This is a fundamental element tive instrument exists for now. That is why I European training for the legal professions, of the construction of European citizenship, will present, early in 2009, detailed proposals by ensuring that initiatives already launched which is one of my major objectives. for the development of a European certifi- for the training of judges are also extended to The Tampere European Council in 1999 cate of inheritance. Every European citizen lawyers. made the mutual recognition of court deci- would thus be able to prove his or her entitle- *** sions and of legal acts the keystone of this ment as heir in all the member states, regard- On the basis of my experience as transport European judicial area. less of the location of the property inherited. I commissioner, where I was able to take for- This principle of mutual recognition will also start up reflection on the creation of ward many issues thanks to the contributions may not reside solely in the existence of a a European register of wills, building on the of all stakeholders, I will be constantly atten- high degree of mutual confidence between interconnection of national registers put in tive to the contributions of professionals from member states. Only quality national judicial place by European solicitors. the world of justice. systems can nurture such trust. This great Recognition and mutual confidence With their practical, day-in-day-out knowl- edifice connecting national rights in Europe are also the cornerstones of justice in edge of the problems encountered by citi- must also respect the history and traditions of commercial law. zens seeking justice, they will help me bring the different judicial systems in Europe. In this area, the creation of the European about progress on access for all Europeans *** enforcement order, the European order for to justice throughout the European Union, In the field of civil justice, family law is a payment procedure, which will come into an indispensable condition for a European priority. force at the end of 2008, and the regulation citizenship to which we all aspire. n At the top of my mind is the issue of enabling all European citizens to prove a binational divorce. claim in bankruptcy all represent significant (*) Jacques Barrot is vice-president of the Conflicts of law concerning child custody progress in the internal market. European Commission responsible for justice, have been settled and the Commission’s pro- The ultimate aim of these major Euro- freedom and security

Sold by subscription only © reproduction strictly prohibited in any language www.europolitics.info 10 Thursday 18 September 2008 N° 3598 EUROPOLITICS

Interview with Dominique Voillemot, president of the Delegation of French Bars in Brussels Lawyers bridge gap between citizens and Europe

By Nathalie Vandystadt tations of national bars present in Brus- law and case-law. Today, it affects every sels. Third, the DBF, based in the heart aspect of citizens’ lives, in both criminal Dominique Voillemot, an honorary of the EU district, keeps French lawyers and civil matters (European arrest war- member of the Paris Bar and a member informed on a weekly basis of the latest rant, European family law, European of the Brussels Bar, has chaired the developments in Community law with company law, European consumer law, Delegation of French Bars in Brussels an electronic newsletter L’Europe en etc). This development is continuing since 2005. and encompasses ever more spheres of law. Why is there a Delega- tion of French Bars in Why did you choose the Brussels? subject of citizens’ access French lawyers became to law and justice in aware of the growing Europe as the subject of importance of Commu- your conference? nity law some 25 years ago. A number of reasons led To stay well informed on us to choose the subject its development, the Paris of citizens’ access to law Bar, spurred on by its Pres- and justice in Europe. ident Bernard du Gran- First, this is an objec- rut, and subsequently all tive of the French EU French bars, began to see Presidency. French Presi- the need for setting up in dent Nicolas Sarkozy has Brussels a structure that asked Alain Lamassoure, would provide informa- member of the European tion for lawyers and serve Parliament and former as a contact point with © CE European affairs minis- Voillemot: Today, Community law affects every aspect of citizens’ lives the Community authori- ter, to “come forward with ties. The Delegation of French Bars Bref and quarterly with a review con- practical proposals to improve the effec- (DBF) was therefore founded in 1983. taining in-depth articles and summaries tive application of Community law for At the same time, French lawyers noted of recent judgements, L’Observateur de citizens” because “while the law appli- that their profession was moving beyond Bruxelles. Along the same lines, it pro- cable to companies and agricultural national borders. The directive facilitat- vides legal support for French lawyers policy rules are generally well applied, ing the exercise by lawyers of freedom with Community law research and orga- the same cannot be said for laws relating to provide services enabled them to nises training sessions in both Brussels to ordinary citizens”. By organising this practice occasionally in another Euro- and France. conference, the French Bar and the Del- pean Union member state. The estab- egation of French Bars have chosen to lishment directive then gave them the When you moved to Brussels in 1967, demonstrate their interest in European possibility to exercise their profession you were one of the first European law- integration and their involvement with in any member state of their choice. yers. What are the major phases in the a view to a successful French EU Presi- The DBF was given the task of assist- evolution of European law that stand dency. With this event, French lawyers ing French lawyers in exercising the out in your mind? wish to make their contribution to the possibilities offered by these directives. I did indeed arrive in Brussels in 1967 challenge of bringing Europe closer to Today, the DBF that I am honoured to open the first foreign office of Gide, its citizens. Our objective is to highlight to chair is composed of three lawyers, Loyrette, Nouel. At the time, it was the the achievements of European integra- assisted by a legal expert, a communica- only French law office in Brussels. There tion for EU citizens and to illustrate the tion manager and a secretary. This team was also a German law firm, Gleis. In added value of building a European area handles a wide range of activities. First the 1970s, the issues were mainly related of security, justice and freedom. We also of all, the delegation represents French to the development of the Common wish to stress the essential role played lawyers with the EU institutions (Com- Agricultural Policy and competition by lawyers, who have the task of making mission, Parliament, Permanent Repre- policy. In the 1980s and 1990s, Com- the instruments made available by Com- sentation of France). Second, it defends munity law focused on the development munity law more accessible and more the interests and values of the profes- of the internal market: free movement intelligible to citizens. Indeed, lawyers sion. To that end it, works closely with of goods, services, capital and persons. must be one of the principal vehicles for the Council of Bars and Law Societies of Over the years, Community law came to narrowing the gap between citizens and Europe (CCBE) and the other represen- have increasing influence on national justice and law in Europe. n www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3598 Thursday 18 September 2008 11

Interview with Jonathan Faull, director-general at the European Commission ‘European rule of law’ is cement that holds Union together

By Nathalie Vandystadt respond to the growing challenges of The more laws and member states there globalisation? are, the greater the responsibilities of the Jonathan Faull has held the post of EU become and the more we director-general of the European Com- need a court giving authorita- mission’s Justice, Freedom and Security tive rulings to ensure justice department since 15 March 2003. He and consistency. So the Court’s gives to Europolitics his vision of this role is very important. That policy area. said, it has been important EU law was originally more focused since the EU started back in on the internal market. Will we wit- the 1950s. Its role in interpret- ness a rise of European civil law, such ing treaty rules and legislation is as family law or intellectual property crucial. A political-legal system law? with so many participants and Yes, this is definitely one of the direc- languages needs a court to pro-

tions EU law is taking. Justice and Home © CE vide coherence. Meanwhile, Affairs has emerged in recent years as an Faull: EU initiatives are certainly not “absent” EU initiatives are certainly not important policy domain on the European As markets become more international “absent”. agenda. Civil law questions are becoming in scope, more mergers and acquisitions Can we speak about a ‘European rule of more important as Europeans and their require European attention and more law’? businesses interact with each other. Simi- cooperation is needed with competition Yes, definitely. It is a great originality and larly, the single market, globalisation and authorities around the world. success of the EU to have created a unique world market developments have made If the EU Court of Justice is becoming system of international cooperation with intellectual property an issue of growing more powerful, is it because European sharing of sovereignty under the rule of importance. law is developing or is it the result of an law. The ‘European rule of law’ is the How can European competition law absence of EU initiatives? cement that holds the Union together. n

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Free movement of lawyers gets good report

By Nathalie Vandystadt nonetheless impose on a foreign lawyer the time, had surprised the CCBE, as to act in consultation with a lawyer the few complications had been settled The free movement of lawyers in the certified with the jurisdiction referred to. amicably within the European associa- European Union works rather well, accord- There are two conditions to be respected: tion (for example, the principle of double ing to the European Commission, which they must be a lawyer in their country of ethics that a lawyer practicing in another says that it has not received any “substantial origin and be native of a member state. member state is subject to and which complaints” from this profession. It is impor- There could have been one pitfall, accord- posed some minor problems). tant to add that the Council of the Bars ing to the Commission: Luxembourg tried Beyond the practical concerns – VAT and Law Societies of the European Union to impose linguistic conditions on lawyers rates or robes, linked to Directive 89/48/ (CCBE) had actively participated in draft- native to another EU country and wanting EEC on the recognition of qualifications ing Directive 98/5/EC on lawyers’ freedom to work there. Therefore, a British lawyer - Marti de Anzizu, a lawyer in France and of establishment. Until then, the profession would be refused inclusion on the roll of Spain, also pointed out problems aris- was governed by Directive 77/249/EEC on lawyers for not proving his linguistic abili- ing from the directive on establishment: the free movement of their activities. ties. Luxembourg was ultimately dismissed competition, insurance, civil liability Now, any lawyer certified to practice in in 2006 by the EU Court of Justice, which (the host member state must recognise a member state can “permanently prac- had been asked to rule on the matter. the origin state’s civil liability, but in tice in any other member state their pro- practice the recognition of equivalency is fession with the qualification from their Petitions delicate) and double ethics. country of origin”. Knowing that they In November 2007, the Liberals’ group The Commission has postponed the have the possibility to practice the law of in the European Parliament had, however, delivery of its report on the 1998 directive, their country of origin, the law of their reported “numerous barriers, both visible giving the 12 new member states time to host country and Community law, as well and invisible,” to free establishment. Ital- test it before assessing its functioning. The as the activities of a local lawyer, particu- ian MEP Luciana Sbarbati said she had CCBE is working of the problems encoun- larly counsel and legal representation. received a petition from an Italian lawyer tered so that all these points are covered in On this last point, the host country can and other individual demands. This, at a future revision. n

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Competition law becoming more accessible to citizens

By Hugues Parmentier and Ségolène Nusbaumer(*) (public action) empowered to impose transport, mobile phones, energy, retail administrative sanctions (particularly banking and pharmaceuticals. This Among the main areas of Commu- fines). makes competition policy and law more nity law, competition law is not one to It was the judgement handed down tangible. To supplement this approach, which citizens seem to have the greatest by the European Court of Justice in the DG Competition created last June, in its access. Courage and Crehan case (C-453/99), Policy and Strategy Directorate, a special It is a fact that the purpose of the unit responsible for relations with con- policy that underpins it is often mis- sumers (Unit A6). It also made a ‘user’s understood. The inclusion of free and The aim of competition guide’ widely available last spring. fair competition as one of the Union’s law “is not consumer To facilitate private actions, which objectives, seen as ‘ultraliberal’, was protection [and it] is not are currently few and far between, the one of the many causes of rejection of Commission published a white paper the European Constitutional Treaty by the auxiliary of consumer last April on damages actions for breach French voters in 2005. law” of Community anti-trust rules. The reference to this objective was The green paper that preceded it deleted from the Lisbon Treaty, for fear on 20 September 2001, that marked a adopted an activist approach, noting of it being misunderstood again. turning point by expressly recognising that “by being able effectively to bring Yet, as the spokesman for Commis- that the victims of infringements had a damages claim, individual firms or sioner Neelie Kroes remarked recently, grounds to seek redress for the damage consumers in Europe are brought closer “competition policy consists primarily they had suffered (civil action). to competition rules and will be more in enforcing the rules to ensure that The modernisation of Community actively involved in enforcement of the companies compete with each other to competition law by Regulation 1/2003 rules”. sell their products, innovate and offer also constituted an important step since This white paper proposes a new attractive prices to consumers”. it extended the role of national judges, model aimed at eliminating the obsta- Community competition law has ie those closest to citizen-consumers. cles capable of deterring consumers and always attached importance to citizen- According to this regulation, “national companies from seeking redress. consumers. courts have an essential part to play in One of its key proposals calls for the First, in terms of objectives, the aim creation of collective redress mecha- of competition law “is not consumer The modernisation of nisms, particularly through represen- protection [and it] is not the auxiliary of tatives, which would allow groups of consumer law”. Community competition victims, all having suffered individual However, over and above protection of law also constituted an injury but in a limited amount, to go to the working of the market itself, the pro- important step since court. tection of economic operators – includ- Another essential recommendation ing consumers – is a foundation of it extended the role of concerns disclosure of evidence. competition law. national judges The Commission recommends, as is Second, in terms of methods, in assess- already the case for its decisions, that ing anti-competitive practices, the test of applying Community competition rules. the final decisions of the competition injury to consumers is essential. When deciding disputes between private authorities of the member states be What is more, “progress for the Com- individuals, they protect the subjective considered sufficient proof of the exis- munity as a whole, and thus for consum- rights under Community law, for exam- tence of the infringements challenged ers, can justify an individual exemp- ple by awarding damages to the victims in the actions for redress initiated tion, [and] the definition of the relevant of infringements”. subsequently. market is based on consumers”. Thus, armed with a decision by an But beyond this objective and these The white paper’s promises authority, complainants would have a methods arises the question of the From the start of her term of office, document that could be used immedi- type of practical actions to be imple- in her speech to the European Parlia- ately to assert their rights. In such cases, mented to guarantee effective access by ment in November 2004, Commissioner the public action places itself at the citizen-consumers to competition law. Kroes pointed out the important role service of the private action, proof that This concern has emerged only consumers should play in competition citizens’ access to competition law could recently. law. That is why the most recent sector truly renew this field of law. n Indeed, unlike the United States, the investigations conducted by the Com- drive to combat anti-competitive prac- mission’s Directorate-General for Com- (*) The authors are a lawyer and a trainee, tices was originally placed primarily in petition have focused on areas of activ- respectively, at Gide Loyrette Nouel in the hands of the competition authorities ity that directly concern consumers: air Brussels

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Union strengthens tools of European judicial area

By Nathalie Vandystadt Eurojust, set up in 2002 to enhance the On the European Judicial Network in effectiveness of the member state author- civil and commercial matters, which has The creation of a European public ities when they deal with serious forms of created ‘contact points’ between national prosecutor’s office is not likely to happen cross-border organised crime (terrorism, judges, the main innovation proposed by any time soon, especially as long as jus- fraud, trafficking in human beings, etc), the Commission resides in opening up tice remains subject to the rule of una- has been given new powers. the network to the legal professions (bar- nimity by the 27 member states, in the Emphasis is placed on operational risters, solicitors, bailiffs), with the back- absence of the new Lisbon Treaty. Even capacity, particularly for the joint investiga- ing of the Council of Bars and Law Soci- after a switchover to qualified majority, tion teams (enabling judges and investiga- eties of Europe (CCBE). Some countries such a decision is likely to encounter tors from different member states to work have already taken the lead, Belgium, resistance. together directly on the same case and to for example, with its integration of the Under the impetus of the French EU carry out joint investigations). Under the Chamber of Bailiffs, and France, with its Presidency, however, the slow matura- political agreement, this cooperation will Higher Council of Solicitors. tion of the European judicial area, for no longer be limited to the coordination of There is nevertheless the problem of both penal and civil matters, is picking investigations and prosecution. Eurojust “a growing number of judicial coopera- up speed. At the Justice Council, on 25 members will be able to take special inves- tion bodies in Europe,” notes Jean-Luc July, Paris secured a political agreement tigative measures, have better access to Warsmann, chairman of the French on the reinforcement of Eurojust, the national criminal records and participate Senate’s Committee on Laws. “More EU body that brings together 27 national in joint investigation teams. Eurojust may exhaustive cooperation” between the dif- judges (or high-level prosecutors), along even in the future settle conflicts of juris- ferent networks would significantly boost with a “general approach” to the consoli- diction between member states. Lastly, the the effectiveness of legal cooperation, he dation of the European Judicial Network EU will reinforce its judicial cooperation maintains. for criminal matters. These reforms are with third countries by enabling Eurojust In any case, that is the aim of the reforms “anything but negligible,” according to to place liaison judges on secondment in the French EU Presidency hopes to push the experts. these countries. through by the end of December. n

EU to go electronic for its legal communication

By Nathalie Vandystadt courts (www.network-presidents.eu), or through joint interconnection software the European Judicial Network in civil and automatic translation mechanisms. Though the European legal space is and commercial matters (ec.europa.eu/ Because, in this field, everything needs to advancing slowly, it does so assuredly civiljustice). be done, “as national jurisdictions often with the help of new technologies. The But the e-justice initiative must go hand down punishments solely on the e-justice project, presented by the Euro- further: the creation, in 2009, of a basis of the sentencing record produced pean Commission on 30 May, will cer- European portal linking all the existing by the member state,” stresses the Com- tainly contribute to this modernisation sites, a permanent aid for translation mission. The securised infrastructure will of European justice, and, as a result, will and interpretation in procedures, par- be European, but the criminal records improve citizens’ access to justice. “It is ticularly criminal, the interconnection forming it will be exclusively held in not only a matter of new technologies,” of company registers, and, in particu- databases managed by member states. stressed French Justice Minister Rachida lar, criminal records. Thirteen member The EU has significant progress to Dati, whose country currently holds the states have already committed to this make in terms of civil law. According EU Presidency, “but of a justice that can networking of criminal records acces- to a Eurobarometer published in April be explained, which can be read though sible to judges and law enforcement 2008, only 17% of Europeans judged the the interconnection of criminal records services from throughout the EU. And access to civil justice in another member and the possibility for citizens to access among these pioneers, six countries state to be easy, such procedures only judges and legal aid”. (Germany, France, Spain, Belgium, involving 2% of them. The reasons? The the Czech Republic and Luxembourg) lack of information on the rules which e-justice are already connected. are applied, but also linguistic problems, The method, however, is not com- In parallel, the Commission proposed the cost, and more generally the lack of pletely new. The EU already has portals to the Council creating a European confidence in the procedure’s outcome. on Community law (Eur-Lex or N-Lex), Criminal Records Information System However, according to this European case law portals, such as the one for (ECRIS). Its objective is to encourage survey, 74% ask for measures to help the presidents of the supreme judicial member states to exchange information them exercise European law. n www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3598 Thursday 18 September 2008 15

Reinforced cooperation to facilitate binational divorces?

By Nathalie Vandystadt able since the 1997 Treaty of Amsterdam, At this stage, the Commission may or may but it has never been activated due to lack not propose another draft. Justice, Liberty Due to lack of unanimity, a ‘small Europe of political will. Some see in the initiative of and Security Commissioner Jacques Barrot, of divorce’ seems to be on the horizon. It is these eight countries the spectre of a ‘two- however, has no intention to divide Europe: true that, even if the two partners are EU speed Europe’, following the example of “We are examining it [the request for ‘rein- nationals, going ahead with the dissolution Estonia, which evoked “opening Pandora’s forced cooperation’] without taboos, but of a binational marriage we want to see all the can quickly become a consequences that that legal headache. Who is involves,” he had said the competent judge? in July. What is the applicable The rules in the con- law? On the questions flict of laws set out in the of ‘conflict of jurisdic- proposal aim to make it tions’ and ‘conflict of so that, no matter where laws’, Community law the married couple says nothing. The Euro- present their request for pean Commission did a divorce, the courts of make a proposal, in July a member state usually 2006, known as ‘Rome apply the same sub- III’, modifying the leg- stantive law (avoiding islation to introduce ‘forum shipping’). common rules on the If it is presented, the conflict of laws and the ‘reinforced coopera- competent jurisdiction tion’ proposal will have in matrimonial matters, to clear the hurdle in particular divorce1. The EU has 350,000 binational marriages and 170,000 binational divorces each year of qualified majority, But, in June 2008, which has not yet been Sweden, worried about retaining its more box”. This concern is shared by Poland, the gathered. Sweden announced that it would liberal national law, vetoed it. Any subject Czech Republic, Finland and Latvia. not oppose it, and the UK, the Netherlands pertaining to family law requires unanimity. and Ireland have implied that they will not But progress could nonetheless be made. Complex situations participate. But many others – Germany, About ten countries – Romania, Hungary, However, the status quo remains likely Belgium, Portugal, Lithuania and Slovakia Austria, Spain, Italy, Slovenia, Luxem- to increase the number of slightly different – are hesitating. There has never been a bourg, Greece, France and Bulgaria – want situations as matrimonial law varies so much question of harmonising the divorce laws, to move forward. Especially because the from one country to another. For example, if nor of creating the possibility that a married subject – visible and concrete – interests an Italian-Portuguese couple married in Italy couple, in the framework of a divorce or European citizens as well as their courts: want to divorce, and the husband decided to legal separation procedure, can choose the the EU has 350,000 binational marriages return to Portugal and the wife to remain in competent court by joint agreement and and 170,000 binational divorces each year. Italy, they would certainly have the choice define the applicable law in the framework These figures will rise further with the EU’s of jurisdiction, but the Italian court will usu- on this litigation. If no law can be chosen geographic enlargement and the abolition ally apply the law of the country where the by the couple, the text would introduce of borders. Since the Justice Council, on 25 marriage was mainly spent, while in Portu- ‘conflict of law’ rules. France, which holds July 2008, the question of using ‘reinforced gal, it is the law of the usual country of resi- the EU Presidency, is counting on the pres- cooperation’, ie a formal initiative allowing a dence which prevails. On the other hand, sure of the applicant countries: “Reinforced small group of member states to implement an Italian couple living in Germany will not cooperation is not a tool against Europe, the European Commission’s proposal, has be able to divorce there: in their case, it is but a way of starting with some to convince been raised. In fact, eight countries asked for the law of their shared nationality – Italian others. It is a convincing tool,” said French it and ‘reinforced cooperation’ only requires – which will be applied. In France, Belgium Minister of Justice Rachida Dati, rejecting gathering eight countries (France supports and Germany, divorce is officially linked to any notion of ‘division’. n the initiative without officially announc- some of its consequences (alimony, partition ing it to respect the neutrality obligations of of goods, allocation of family home, child (1) Regulation 2201/2003/EC, called ‘Brussels the EU Presidency, and Bulgaria is coming custody, etc). This may pose problems for II bis’, deals with provisions on the competent around to the idea). one of the divorcees. For Sweden, however, jurisdiction for cross-border divorce and child This moment is historic. The ‘reinforced if the national judge is competent, he applies custody, but does not cover the question of cooperation’ mechanism has been avail- the ‘lex fori’, in other words, his own. applicable law.

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Criminal sanctions for pollution at sea

By Isabelle Smets clearly, that a directive could not oblige the Community legislator from taking member states to qualify certain infrac- measures which force the member states On 11 March 2008, the European Com- tions as criminal. Before this deadlock, the to intervene at a criminal level if it is nec- mission presented a proposal for a directive Commission and the Parliament decided essary to combat the serious harm to the which establishes acts of intentionally com- to give up and Directive 2005/35/EC that environment. This was a decisive ruling as mitted maritime pollution or following seri- was finally adopted contented itself to state it finally recognised the competence of the ous negligence as criminal infringements. that certain acts of maritime pollution must Community in criminal matters. That was the final chapter in a saga which be considered infractions and sanctioned The opportunity was clearly too good began five years beforehand and saw the appropriately. It is the Framework Deci- for the Commission which, in its wake, EU Court of Justice decide in favour of sion 2005/667/JHA, adopted at the same decided to lodge an action for annul- the Commission at the end of a Homeric time, which qualifies these infractions as ment of the Framework Decision on struggle with the Council of ministers over “criminal,” specifying the nature, type and maritime transport (Case C-440/05). the right to demand that EU member the level of sanctions. However, it was a Coherent, the Court ruled in its favour, states punish this deliberate harm to the question of a ‘third pillar’ decision, there- on 23 October 2007. The obligation to environment. fore without the possibility of appeal to the criminally sanction intentional maritime Court of Justice in the event of shortcom- pollution or maritime pollution follow- THE ‘THIRD PILLAR’ ARGUMENT ings from a member states. This was an ing serious negligence should have been In March 2003, a proposal for a directive incontestable weakness in the eyes of the decreed, said the judge, in the frame- qualified maritime pollution committed in Commission and Parliament, for whom a work of the Common Transport Policy. certain circumstances as “criminal infrac- directive mute on criminal sanctions would And therefore be in a directive, and not tions”. The proposal was minimal: it con- never have the dissuasive effect that they in a framework decision. tented itself to qualify these acts as criminal had hoped for. Moreover, the Court went a step fur- infractions, but, in no case did it define ther in defining this competence. The the type or level of sanctions to be applied. SEPTEMBER 2005: THE TURNING POINT 2005 ruling left open the delicate ques- These essential definitions were supposed However, things did not stay this way. On tion of the circumstance in which the to be established in an EU Council frame- 13 September 2005, exactly two months Community is competent to demand work decision, which should have been after the adoption of the controversial criminal sanctions. The Court pasted adopted at the same time, but falling under directive, the EU Court of Justice annulled over this lacuna: the Community legisla- an intergovernmental decision (the ‘third a framework decision of the Council on the tor can impose criminal sanctions if they pillar’ of the Treaty of Nice). protection on the environment by crimi- are necessary to ensure the effectiveness This approach went too far for the EU27, nal law (Case C-176/03). Reason: this act of environment protection norms and on which, for more than 18 months, asserted reserves the decision to use criminal sanc- condition that they are indispensable in that even the principle of criminal sanc- tions to the member states alone, since the fight against serious environmental tions could not be decreed by a Com- it is an act falling under the ‘third pillar’. infractions. This is clearly the case with munity legislative act (‘first pillar’). Put Now, states the Court, nothing prevents the fight against maritime pollution. n

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Unlike lobbyists, lawyers are part of the judicial system

By Spyros A. Pappas (*) states that client confidentiality is a core value tivity in the definition and formulation of of the professional code of deontology for all Community policies. The problem is new The penetration of Community law in lawyers in the EU as this is also recognised in Europe and coincides with the practice the European citizens’ every day life con- by the case law of the Court of Justice of the of lobbying. However, it would be unfair to verges to the conclusion that legal expertise European Communities (C-309/99). How- say that the problem emerged exclusively in Community law has already become ever, an oral amendment during the debate because of the lobbyists’ activism. Isn’t it the indispensable for the legal treatment of Commission itself that proclaimed in most cases. Be it, by way of example, the white paper on the European gov- in the competition field or in public ernance and favoured a participatory procurement, environment or agricul- decision making it an effort to prove its ture, even health that is not a Commu- democratic legitimacy? Lobbyists just nity competence, legal problems may went on the carpet opened to them. find their solution at the European Hence, the question is whether this new level quicker, in a binding or guiding phenomenon constitutes a problem manner, depending on the policy field. that is caused by the outsiders trying to Legal tools such as complaints lodged influence the institutions, namely the with the European Commission, pre- Commission, or rather by the insiders liminary rulings by the Court of Justice who cannot manage themselves vis à vis of the European Communities or direct the outsiders? Isn’t this after all an inter- applications to it, and public debates in nal managerial problem that has been the European Parliament may prove to addressed by recommending external be either definitive or influential ways measures (registration)? Will registra- to attaining a satisfactory result. tion of lobbyists ‘lato sensu’ resolve the The policy element that is inherent problem? Probably not. Even if there in the legal advice at the European is improvement, there will always be level brings lawyers close to the lob- ways to escape. What matters is inter- byists. In an effort to enhance public © DR nal culture and openness. In any event, Pappas: Belonging to a bar is an honour confidence and trust, the European what is certain is that lawyers exist since Commission established a voluntary register of the Commission’s proposal before the ever, whereas the phenomenon is new. to bring more transparency to interest rep- Committee on Constitutional Affairs of the Consequently, they are not part of it. resentation, its actors and their activities. In European Parliament led to the inclusion More importantly, lawyers have always its original proposal for a code, it proposed of giving legal advice under the definition been considered to be parts of the system to “exclude activities performed by indepen- of lobbying. That caused another reaction of justice performing in a public mission. dent members of the professions providing by CCBE that urged the European Parlia- Therefore, they are trained accordingly, legal advice, such as lawyers, insofar as such ment to exclude legal advice from the defi- checked for a long time before they take activities relate to the exercise of the funda- nition of lobbying. An amendment tabled their professional oath, registered with a mental right to a fair trial of a client, includ- by the EPP-ED and the ALDE groups to bar, bound to strict deontology codes and ing the right of the defence in administrative the report changed the definition of lobby- continuously accountable. Belonging to a proceedings”. The Council of Bars and Law ing to include lawyers only when their pur- bar is already an honor and commitment Societies of Europe (CCBE), representing pose is to “influence policy rather than to that is more binding than any law. Putting the European lawyers, found this exemp- provide legal assistance and defence in legal lawyers under the obligation to declare tion far too narrow and proposed that the proceedings or to give legal advice”. The their cases/clients as if they were assumed following are excluded from the definition final communication from the Commis- to manoeuvre contrary to their professional of ‘interest representation’: “a. all activities sion on the European Transparency Initia- obligations, irrespective of the incompat- carried out by a lawyer in the sense of Direc- tive (SEC(2008) 1926/27.5.2008), excluded ibility with the confidentiality barrier, down- tive 77/249/EEC and Directive 98/5/EC from it “activities concerning legal and other grades their public contribution and might in connection with any representation of a professional advice, in so far as they relate ultimately have negative results. Wouldn’t it client in judicial, quasi-judicial, administra- to the exercise of the fundamental right to be more opportune instead to upgrade lob- tive, disciplinary and other proceedings; b. a fair trial of a client, including the right of byists by letting them get organised likewise all activities concerning legal advice in the defence in administrative proceedings, such lawyers are? n context of the political and decision making as carried out by lawyers or by any other processes of the European institutions; and professionals involved therein”. (*) Attorney-at-law, founder of the Pappas & c. all responses following a request by the The fact that the Commission felt the Associates Law firm, former director-general in the European institutions....” need to propose a register shows that there is European Commission and judge in the Hellenic In fact, it is common ground in all member a public problem of how to safeguard objec- Supreme Court

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EU/Canada Launch of talks on new economic partnership in jeopardy

By Sébastien Falletti the negotiations for a previous trade and the unprecedented support expressed over investment enhancement agreement (TIEA), the summer by all the Canadian provinces Paris and Ottawa’s push for an ambitious which have been stalled since 2006. “Nego- and despite Ottawa’s push in favour of a new transatlantic economic rapprochement tiations could be relaunched at the summit economic partnership with the EU, Euro- during the next Canada-EU summit, on 17 on a number of non-tariff issues, with the aim pean negotiators remain cautious. They want October in Montreal, is thwarted by the reluc- of achieving initial results by the end of the to see first whether Canada is ready to show tance of the European Commission to engage year,” propose Sarkozy and Barroso. The talks some flexibility in addressing some of the key in brand new negotiations. The launch of would include “public procurement, intel- European interests. talks on a broad and comprehensive bilateral lectual property, geographical indications, This approach has disappointed Canada, economic partnership during the summit, regulatory cooperation, job mobility and rec- although no official statement has been as originally hoped for by the French EU ognition of qualifications”. Only quick and made so far by Ottawa. “We do not like this Presidency and Canada, is not on the agenda concrete progress would open the door to a sectoral approach,” said a Canadian diplo- any more. Instead, the Commission wants new economic partnership. mat, who believes it is a way for the EU to first to reopen discussions about some of the get concessions on some sensitive issues such most sensitive issues included in the previous Commission cautious as geographic indications or public procure- negotiations, which have been frozen since This cautious approach is the result of pres- ment, without giving something in return. 2006. This sectoral approach falls short of sure from the European Commission, which However, Canada is still hopeful that France the expectations of Canada, which wants to is less enthusiastic than France about the idea and several like-minded member states strengthen its ties with the Old Continent to of negotiating a new trade deal with Ottawa. will manage to win over the Commission’s reduce its dependency on the US. Peter Mandelson, the EU trade commis- concerns. Instead formally kicking off a new nego- sioner, is focussing his efforts on Asia, where The summit in Montreal, which will coin- tiation round, the summit would “set events he is negotiating free trade agreements with cide with the 400th anniversary of Quebec in motion by defining the steps towards an Korea, the ASEAN and India, as outlined in and the summit of the French-speaking world, enhanced, ambitious and balanced economic the Global Europe strategy adopted in 2006. is a golden opportunity for Nicolas Sarkozy to partnership,” indicated a draft letter from He believes emerging markets should be the dramatically upgrade the EU’s relations with Nicolas Sarkozy, the French president, and priority of the EU’s trade strategy. He was Canada. However, the decision made by Ste- José Manuel Barroso, the European Com- already cool on German Chancellor Angela phen Harper to call for general elections on mission’s head, to Canadian Prime Minister Merkel’s plan to establish, in 2007, an EU- 14 October might complicate France’s push Stephan Harper and seen by Europolitics. US economic council in order to boost trans- for a landmark summit. If Sarkozy does not This wording confirms the lowering of the atlantic trade. get his way on trade, he will insist on his deter- initial ambitions of the French Presidency. Moreover, the Commission’s negotiators mination to “enhance significantly” coop- The EU wants first to test Canadian deter- have bad memories of the failed TIEA talks, eration on foreign relations, energy and the mination to negotiate before engaging in new which were stalled notably because of the environment. Climate change could remain talks. Therefore, it is proposing to reopen refusal by some Canadian provinces to open a divisive issue, since Canada is reluctant to some of the most sensitive issues that blocked sectors such as public procurement. Despite agree on new binding targets. n

EU/Vietnam/China Commission rebuked over anti-dumping duties on footwear

By Sébastien Falletti meeting of the anti-dumping committee. controversy over issue of Chinese and The coalition in favour of dropping the Vietnamese footwear, the rejection of the Chinese and Vietnamese footwear have measures included the UK, Sweden, Den- expiry review leaves the Commission in triggered a new anti-dumping war within mark and Germany, while Austria, France, a tricky situation again. Further discus- the EU, on 17 September, in Brussels. For Italy and Spain wanted to maintain the sions with the member states and within the first time ever, member states have duties for as long as possible. “This is a the college will probably be needed. The rejected a proposal from the European clear indication of the opposition to these latter could expose the opposition between Commission to open an expiry review that unnecessary measures,” said Jan Eggert, Günter Verheugen, the commissioner for would have kept in place for at least 15 secretary-general of the Foreign Trade industry who supports a strong anti-dump- months the 16, 5% and 10% extra duties Association, which has been fighting hard ing policy, and Peter Mandelson, his imposed, respectively, on Chinese and against those measures imposed in 2006. colleague in charge of trade, who would Vietnamese leather shoe producers. Fif- “This is a good result for the European prefer to drop the measures. The clock is teen member states expressed their oppo- importers and retailers and also for the ticking tough: if no agreement is found by sition to the Commission’s plan, while European consumers,” he added. 6 October, when the measures expire, the 12 voted in favour during a long-awaited Two years after the outbreak of the duties will be gone forever. n

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ESDP Chad-CAR Mission Low-key mid-term assessment for preparing post-EUFOR

By Nicolas Gros-Verheyde tarian players to operate “effectively” and “to rity and a safe environment is “crime, which facilitate the full deployment of MINUR- has a direct impact on the civilian popula- Javier Solana, the high representative CAT”, the UN Mission in CAR and Chad tion and humanitarian efforts”. The outlook for the EU’s Common Foreign and Secu- is a bit less optimistic at the UN, according rity Policy, will be turning in to the United “EUFOR and MINURCAT to an initial interim report by the secretary- Nations, on 24 September, his assessment general. “EUFOR and MINURCAT are not report on the EUFOR military mission in are not in a position to in a position to directly address the problem Chad and the Central African Republic directly address the problem of cross-border movement by armed groups. (CAR). This mid-term review is prescribed of cross-border movement by Furthermore, their mandates limit the role of by the UN resolution establishing the mis- armed groups” the two missions to addressing only the con- sion’s international framework and the EU sequences and not the issues underlying the joint action establishing its European frame- conflict in Chad,” writes Ban Ki-moon, refer- work. “The security situation remains stable (primarily police forces). But the docu- ring to the political instability in Sudan and but fragile. The underlying causes of the ment makes no secret of the “challenges” Chad and the “tense relations between these conflict should not change significantly,” of maintaining a safe “humanitarian area” two countries”. NGOs are also pessimistic, explains the high representative. He hopes in the region and of the “militarisation of calling MINURCAT into question more that the Security Council decision, expected camps of refugees and displaced persons”. than EUFOR. In a report that came out in late September, will allow for “clarifica- The international humanitarian commu- in early September, Oxfam states that “one tion of the objective and channels for the nity “must deal with the security threats that year after the start of the mission, the polic- future planning effort,” in short, that it will are paralysing its effort”. Crime is “endemic ing elements are still not operational and determine who will take over the EUFOR and widespread”. And while rebel activity European troops are struggling to deal with operation on 1 March 2009. remains “sporadic” and the overall secu- the lawlessness and growing banditry”. n The force, “whose full deployment is rity situation has “remained relatively calm planned for September,” is perceived “posi- during this period, with few incidents involv- The reports are available at tively,” notes the report. It enables humani- ing the EUFOR”, the main threat to secu- www.europolitics.info > Search > 233211 In Brief

EU trade deficit inching up Verheugen “shocked” by Poland to adopt euro in 2012 The first estimate for the July 2008 influence of lobby groups and not 2011 extra-EU trade balance was a deficit of Enterprise and Industry Commissioner Polish Prime Minister Donald Tusk has €21.5 billion, compared with -€13.6 bn Günter Verheugen has said he was corrected his objective for his country’s in July 2007 and -€20 bn in June 2008, “shocked” when he realised how often entry into the eurozone, implying that according to data published by Eurostat the EU’s legislative process is “triggered” it would be 2012, and not 2011 as he on 17 September. In July 2008, compared by lobby organisations and interest had announced the week before (see with June 2008, seasonally adjusted groups. “Simply the result of pressure Europolitics 3594). “2011 must be the exports rose by 3.9% and imports by 4.1%. from one interest group is presented year in which Poland will observe the The EU’s trade surplus fell with the USA, as something that is important for the criteria and the year of a positive decision while it increased with Switzerland. The public, but it is not. More often it is by the European Commission with regard trade deficit grew with Russia and Norway only representing one group or even to Poland’s entry into the eurozone,” and remained nearly stable with China one company,” he said at a conference declared the prime minister, on 17 and Japan. Concerning the member on better regulation that was organised, September. He did not give a date in states, the largest surplus was observed on 10 September, by the European 2012 but, traditionally, the EU authorities in Germany (+€103.2 bn in January- Institute of Public Administration and the (the Commission and the Council) do June 2008), followed by the Netherlands Bertelsmann Foundation. (MSL) so in the year preceding entry into the (+€21.8 bn) and Ireland (+€13 bn). The eurozone. United Kingdom (-€61.1 bn) registered the largest deficit, followed by Spain (-€50.2 bn), France (-€31.9 bn) and Greece (-€18.1 bn). www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3598 Thursday 18 September 2008 21

In Brief

Ferrero-Waldner meets Call for liberation of Parliament to defend a group which Azeri foreign minister Aung San Suu Kyi renounced violence in 2001. “The The meeting of External Relations Meeting informally, on 16 September, Council has not succeeded in supporting Commissioner Benita Ferrero-Waldner eleven Sakharov Prize winners called for or justifying its decision by the precise, with Azerbaijani Foreign Minister Elmar the immediate liberation of the Burmese serious and credible information that the Mammadyarov, on 16 September in activist Aung San Suu Kyi (Sakharov law requires,” says a press release from Brussels, focused on the situation in the Prize 1990) and of all political prisoners the National Council for the Resistance South Caucasus, bilateral cooperation in Burma (Myanmar). Head of the of Iran. According to the declaration, the on energy and strengthening of the National League for Democracy, the Council has seriously violated the text relationship between the EU and winning party in the 1990 elections, Aung and the spirit of EU law concerning its Azerbaijan, including in the framework San Suu Kyi has been under house arrest terrorism list, and a fundamental right of the implementation of the European since May 2003. The signatories are: set out by Community legislation: the Neighbourhood Policy Action Plan. Adem Demaçi (1991 winner), Taslima right to defence. The PMOI criticises the Ferrero-Waldner and Mammadyarov Nasreen (1994), Wei Jingsheng (1996), Council for not giving it the opportunity paid special attention to the perspectives Salima Ghezali (1997), Dom Zacarias to defend itself on any occasion, stating for a peaceful settlement of the conflict Kamwenho (2001), Oswaldo José Paya that it does not know what evidence the over Nagorno-Karabakh. Commissioner Sardinas (2002), the Belarusian Journalist Council’s decision is based on. These Ferrero-Waldner said: “I fully support Association – BAJ (2004), Hauwa Ibrahim MEPs have also created a new committee the territorial integrity of Azerbaijan (2005), Reporters Without Borders demanding the removal of the PMOI and a negotiated, peaceful solution to (2005), Alexander Milinkevich (2006) from the blacklist. (NVA) the conflict over Nagorno-Karabakh. I and Salih Mahmoud Mohamed Osman am committed to our close cooperation (2007). This call comes just a few weeks Marseille European capital of with Azerbaijan and the countries of after the twentieth anniversary of the culture in 2013 the Caucasus region in order to achieve Sakharov Prize, awarded by the European Ultimately, it is Marseille that was political and economic stability, which is Parliament to reward those fighting for chosen, on 16 September, as the in the interest of all of us”. the defence of human rights. European capital of culture 2013 for (Contact [email protected]). France. Four cities were still in the running after the pre-selection meeting State aid investigation at SNCB MEPs’ declaration on last December: Bordeaux, Lyon, The European Commission will have terrorism blacklist Marseille and Toulouse. The formal to investigate possible subsidies illegally Several MEPs - Paulo Casaca (PES, naming of Marseille by the EU Council exchanged within the SNCB group Portugal), Jan Zahradil (EPP-ED, Czech should take place in May 2009. France (Société Nationale des Chemins de Republic), Vytautas Landsbergis (EPP- and Slovakia are the two member states fer Belges), after receiving a complaint ED, Lithuania), Piia-Noora Kauppi which will host a European capital of lodged by the European Rail Freight (EPP-ED, Finland), Tunne Kelam culture in 2013. On 9 September, Kosice Association (ERFA). The sums at stake (EPP-ED, Estonia) and Vice-President was recommended as the European amount to a little more than €420 million Alejo Vidal-Quadras (EPP-ED, Spain) capital of culture for Slovakia. The in public money, which the company - adopted, on 16 September, a declaration examination of candidates was entrusted may have reserved for commercial criticising the EU Council for having to an international jury made up of 13 activities. In early September, a report kept the main Iranian opposition party, members: six appointed by the country from the Belgian Court of Auditors, People’s Mujahedin of Iran (PMOI), on concerned, and the seven others by the published in the press, talked of a the EU’s terrorist list. Several European EU institutions. This year, the European funding process which “can be exposed political personalities, as well as Maryam capitals of culture are Liverpool in the to criticism from the EU state aid rules”. Radjavi, the elected president of the UK and Stavanger in Norway. Further (ISM) National Council for the Resistance information is available at of Iran, and other jurists attended a ec.europa.eu/culture/our-programmes-and- conference organised by the European actions/doc413_en.htm (CSA)

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EU Agenda

Thursday 18 French Bar Association is organising a General Assembly of ‘Missing conference in Brussels on citizens’ access Children Europe’ to law and justice in Europe. 18-20 September, Paris, Bain & European Company Informal meeting of family Parliament ministers Young Europeans Summer The President’s diary Institut du Monde Arabe, Paris University (France) on the theme 10:00-10:30 Brussels This meeting, chaired by Xavier Bertrand, of the French Presidency n 10.00 - Meeting with President of the French Ministrer of Labour, Labour 18-21 September, Clermont-Ferrand, the Andalusia region, Manuel Chaves Relations, Family and Solidarity and Université d’Auvergne – Amphi Domat Gonzalez Nadine Morano, the French Secretary of The Young Europeans Summer State for family affairs, will be one of the University (France) from 18 to 21 Parliamentary committees major events of the French presidency in September in Clermont-Ferrand, will Committee on Economic and the social sphere. focus on ‘The French Presidency of the Monetary Affairs Council of the EU: A springboard to the 9:00-13:00 La rencontre de Saint-Etienne: European elections’. n Workshop on Microcredit in Europe French territories, Europe and Culturee 1st EU-Central Asia Ministerial Public hearings 18-20 September, Saint-Etienne, Hôtel Forum on security issues n European citizens’ initative. de Ville Château de la Muette, OECD 9:00-12:30 Brussels, PHS 1A2 The association ‘Les rencontres’, founded headquarters The Constitutional Affairs Committee for and by elected representatives with This Forum will focus on three main will hold a round table discussion with responsibility for culture and education issues: terrorist threat and non-proliferation NGOs on the implementation of the from all levels of local government of the related-aspects, the fight against human European citizens’ initiative, a tool European Union and further afield, is a and drug trafficking, and energy and giving citizens members of the public the forum for cooperation, debates and actions environmental security. Our intent is to opportunity to collect signatures to ask in the area of the cultural policies of towns analyse these security issues together to the Commission to put forward a proposal and cites, departments, regions, provinces draw up concrete policies which address on any issues of EU’s competence. The etc. them, in a forum of exchange that we hope hearing will contribute to the drafting will last. of the guidelines for a regulation on the Accounting reforms in the implementation of the citizens initiative, European States by rapporteur Sylvia-Yvonne Kaufmann 18-19 September, Paris (GUE/NGL, DE). The representatives of the 27 EU member European Contact: Federico De Girolamo, constit- states and EU candidate countries are [email protected], (32-2) 28 meeting during a seminar to discuss Commission 31389 (BXL), (32) 0498.983.591 accounting reforms in the European Travel and visits states. n Mr José Manuel Durão Barroso participates at the European Ideas European seminar on creative Network (Rome) Council of content online n Mr Günter Verheugen opens the 18-19 September Tourism Conference (Bordeaux) Ministers Two main subjects will be debated during n Mr Jacques Barrot participates in the Citizens’ access to law and justice this seminar : opening of the French Bar Conference in Europe - Towards which creative online content ‘Accès du Citoyen au droit et à la justice Brussels economy? en Europe’ (Concert Noble) On 18 September 2008, on the occasion - How can legally available content n Mr Siim Kallas delivers the opening of the French Presidency of the Council be promoted and how can piracy be speech : ‘The challenge of e-signatures of the European Union, the French Bar combatted? for e-procurement’ at a conference on Association and the Delegation of the the cross-border use of e-signatures in www.europolitics.info Sold by subscription only © reproduction strictly prohibited in any language EUROPOLITICS N° 3598 Thursday 18 September 2008 23

e-procurement processes (European First Chamber prove his influence on the management of Economic and Social Committee) 9:30 the business he wishes to have registered in n Mr Jacques Barrot receives Mrs n Judgement C-514/06 P Armacell v the member state Cristina Garcia Ortega, Ambassador and Office for Harmonisation in the Internal Advocate General : Poiares Maduro Head of the Mission of the Philippines to Market n Hearing C-348/07 Semen the EC Intellectual property Freedom of establishment n Mr Jacques Barrot receives Mr Appeal against the judgment of the Reference for a preliminary ruling - Alexandre Konovalov, Russian Minister Court of First Instance (Second Landgericht Hamburg - Interpretation of Justice Chamber Extended Composition) of of Article 17(2)(a) of Council Directive n Mr Joaquín Almunia in Madrid: 10 October 2006 in Case T-172/05 86/653/EEC of 18 December 1986 on the Participation in a conference on global Armacell Enterprise GmbH v Office for coordination of the laws of the member financial markets held by the Comisión Harmonisation in the Internal Market states relating to self-employed commercial Nacional del Mercado de Valores (Trade Marks and Designs) (OHIM) agents (OJ L 382, p. 17) - Entitlement (CNMV); participation at a lunch debate whereby the Court dismissed an action of commercial agent to an indemnity held by the Foro Nueva Economia by the applicant for the word mark after termination of the agency contract n Mr Olli Rehn delivers a Keynote ‘ARMAFOAM’ for goods in Class 20 for - Determination of the amount of that speech at Enlargement Conference annulment of Decision R 552/2004-1 of indemnity in a situation in which the (Prague) the First Board of Appeal of the Office benefits which the principal continues to n Mrs Neelie Kroes gives a speech for Harmonisation in the Internal Market derive from business with customers which at the Clingendael European Studies (OHIM) of 23 February 2005 annulling the commercial agent brought exceed the Programme (CESP) Conference (Institut the decision of the Opposition Division his loss of commission Clingendael, The Hague) dismissing the opposition brought by the n Mrs Mariann Fischer Boel receives a proprietor of the Community word mark Second Chamber delegation from the Fédération Française ‘NOMAFOAM’ for goods in Classes 11, 9:30 des Trufficulteurs 19, 20, 27 and 28 n Hearing C-473/07 Association nationale n Mr Vladimír Špidla in Brno for the Advocate-General: Trstenjak pour la protection des eaux and rivières et Brno Trade Fair (CZ Republic) n Opinion C-391/07 Glencore Grain Association OABA n Mr Andris Piebalgs receives Mr Rotterdam Environment and consumers Philippe Maystadt, President of the Agriculture Reference for a preliminary ruling - Conseil European Investment Bank Interpretation of the second paragraph of d’État (France) - Interpretation of Council Article 13 of Commission Regulation (EC) Directive 96/61/EC of 24 September 1996 No 1501/95 of 29 June 1995 laying down concerning integrated pollution prevention certain detailed rules for the application and control (OJ 1996 L 257, p. 26) - The Court of Justice of Council Regulation (EEC) No 1766/92 scope ratione materiae of the directive Grand Chamber on the granting of export refunds on - Installations for the intensive rearing 9:30 cereals and the measures to be taken in of poultry with more than 40 000 places n Opinion C-442/07 Verein Radetzky- the event of disturbance on the market for (subject to an authorisation requirement) Orden cereals - (OJ 1995 L 147, p. 7) - Simplified (paragraph 6.6 of Annex I to the directive) - Approximation of laws procedure: obligation to produce transport Concepts of ‘poultry’ and ‘places’ - Whether Reference for a preliminary ruling documents. quail, partridge and pigeon are included - Oberster Patent- und Markensenat Advocate-General: Sharpston within the scope of the directive - If so, - Interpretation of Article 12(1) of First n Opinion C-161/07 Commission v whether national legislation which gives Council Directive 89/104/EEC of 21 Austria weighting to the number of animals per December 1988 to approximate the laws Freedom of establishment place according to species is admissible of the member states relating to trade Failure of a member state to fulfil marks (OJ 1989 L 40, p. 1) - Trade marks obligations - Infringement of Article 43 used on business papers, writing paper, EC - National legislation laying down the Third Chamber on advertising material and in the form of conditions of registration of undertakings 9:30 badges by a non-profit-making association held by third-country nationals, applicable n Hearing C-330/07 Jobra in the context of its activity of seeking to also to Czech, Estonian, Latvian, Freedom to provide services preserve military traditions and collecting Lithuanian, Hungarian, Polish, Slovene Preliminary ruling - Unabhängiger and distributing donations - Classification and Slovak nationals - Obligation for all Finanzsenat - Interpretation of Articles of that use as ‘genuine use’ capable of members of partnerships and for minority 43 EC and 49 EC - National legislation preserving the rights attached to the shareholders in limited liability companies reserving a tax advantage in respect of mark? who perform work that is typical of an the acquisition of unused tangible assets Advocate-General: Mazák employment relationship to follow a special (Investitionszuwachsprämie) to traders procedure for determining the applicant’s using those assets in a domestic place of self-employed status, in which he has to business

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Fourth Chamber Intellectual property 9:30 Community trade mark - Action for n Opinion C-282/07 Truck Center annulment brought by the proprietor of Conferences and Free movement of capital the national word mark ‘EASYHOTEL’ Reference for a preliminary ruling for goods and services in Classes 9, seminars - Cour d’appel de Liège (Belgium) 38 and 42 against the decision of the 18 September, Brussels - Interpretation of Articles 56 EC and Second Board of Appeal of the Office for n The access of citizens to law and 58 EC - Free movement of capital Harmonisation in the Internal Market justice in Europe - Taxation of legal persons - Withholding (OHIM) of 19 June 2007 in Case R Themes: The rights of European citizens tax deducted by the tax authorities of one 1295/2006-2 dismissing the appeal against ; The access of European citizens to member state on income from capital the Cancellation Division’s decision justice - new perspectives ; Cooperation allocated by a company established in which rejected the application brought between member states dedicated that State to a company established in by the applicant for a declaration of to the effectiveness of justice ; How another member state - No deduction invalidity in respect of the Community to strengthen the protection of the of withholding tax where that income word mark ‘easyHotel’ for goods and fundamental rights of European citizens ? is allocated to a company established services in Classes 16, 25, 32, 33, 35, 36, French / English interpretation in the same member state - Unjustified 39, 41 and 42 Organisers : The French Bar and the difference in treatment or difference in French Bar Delegation. situation justifying different treatment? Contact : Talita Coumau, +32 - Effect, in that respect, of a bilateral (0)2.230.83.31 – talita.coumau@ convention for the avoidance of double ECONOMIC AND dbfbruxelles.eu taxation Address : Concert Noble, 82 rue d’Arlon, Advocate-General: Kokott SOCIAL COMMITTEE 1040 Brussels n Hearing C-343/07 Bavaria and PLENARY SESSION Bavaria Italia 17-18 September, Brussels 18 September, Brussels Agriculture For the agenda see on Wednesday 17 n Cross-border use of e-Signature in Question of the legality of Council Seotember e-Procurement process Regulation (EC) No 1347/2001 of 28 Subject: Conference in the presence June 2001 supplementing the Annex of Siim Kallas, Vice-President to Commission Regulation (EC) of the European Commission in No 1107/96 on the registration of Committee of the charge of Administrative affairs. geographical indications and designations EUROCHAMBRES will use the e- of origin under the procedure laid down Regions Procurement process of the Commission in Article 17 of Council Regulation Conference as a case study. This case tackles a (EEC) No 2081/92 (OJ 2001 L 182, Social and territorial dimension of number of issues such as authentication p. 3) - If lawful, possibility of adverse pharmaceutical public services. in tender procedures, signature of effects, brought about by registration of Subject: The aim of the conference is to contracts online, invoicing online, the protected geographical indication contribute to the current debate on the archiving, etc. ‘Bayerisches Bier’, on the validity or infringement procedures initiated by the Organisers: Eurochambres usability of pre-existing marks of third European Commission against several More info and registration at parties in which the word ‘Bavaria’ member states due to their legal national www.eurochambres.eu/content/default. appears systems on establishment of pharmacies, asp?PageID=1&DocID=1148 which will have an impact on the provision Venue: European Economic and Social of pharmaceutical services in the EU. Committee, Brussels Organiser: Fundacion Comunidad Court of First Valenciana Region-Europea Contact: Teresa Tena: farmacia-eu@ Instance delcomval.be - Phone: +32 2 2824160 - Fax: Fifth Chamber +32 2 2824161 9:30 Location: Brussels, at the CoRn room JDE- n Hearing T-316/07 Commercy v 51, 5th floor OHMI - easyGroup IP Licensing (easyHotel)

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