Publication Archive

This archive contains all documents published by cep over the last few years:

cepAdhoc: Incisive comment on current EU policy issues.

cepPolicyBrief: Concise 4-page reviews of EU proposals (Regulations, Directives, Green Papers, White Papers, Communications) – including a brief summary and economic and legal assessments.

cepInput: Impulse to current discussions of EU policies.

cepStudy: Comprehensive examination of EU policy proposals affecting the economy.

 

 

2014

The European small claims procedure will be made more attractive for consumers and small businesses.

2014

The EU Commission opens up a consultation on possible amendments of the European Jurisdiction and Enforcement Regulation [“Brussels I“ / (EC) No. 44/2001]. It instigates a discussion on how to abolish conflicts of jurisdiction and impediments to the enforcement of court decisions in the international legal order.

2014

The EU wishes to combat late payment by businesses and public authorities. Therefore, it has submitted a Directive Proposal amending and complementing the existing Directive in essential parts. Particularly the enforcement of recovery costs is to be facilitated. In addition, special rules for public authorities are to be introduced for public authorities in delay.

2014

The Commission recommends that the Member States introduce collective actions. Collective actions refers to actions brought by two or more affected parties or by an authority or entity on their behalf. Collective actions should facilitate the enforcement of legal rights, particularly where individual actions are too costly for affected parties.

2014

EU competition law is enforced by competition authorities who find infringements of competition law and, where applicable, impose fines, and by victims who bring actions for damages before national courts. With this Directive, the Commission is seeking, on the one hand, to ensure that victims of an infringement of competition law throughout the EU are able to enforce their right to full damages. On the other hand, it wants to ensure the coordination of enforcement by way of actions for damages and enforcement by way of the competition authorities.

2014

The Commission is considering a partial harmonisation of the insolvency law of the Member States. This is intended to facilitate the reorganisation rather than liquidation of businesses and provide entrepreneurs with a "second chance".

2014

The Commission revises the legal framework for cross-border insolvencies. There should (preferably) be integrated insolvency proceedings by applying just one (national) insolvency regime in each case.

2014

The Proposal provides for an introduction of a European Account Preservation Order. Such order is to be issued if the existence of a debt claim is made credible. For the enforcement of a decision, Member States must appoint enforcement authorities which must approve the order without any further examination and preserve the debtor’s bank account. If the creditor does not know the debtors’ bank accounts, banks are obliged to disclose them or authorities are entitled to search for them in national registers. Debtors are not being notified until after the preservation of their accounts.

2014

The aim of this Green Paper is to outline options for developing a European contract law (available in all official languages). To this end, the Commission presents for discussion various options for an “instrument of European contract law”. By this it means a construct of EU contract laws which needs further developing in particular with regard to the degree of its legally binding nature (legal form), the regulation radius (material scope) and the applicability to contract relations that do not cross borders.