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The assignment of a claim refers to a situation where a creditor (the assignor) transfers the right to claim a debt from the debtor to another person (the assignee) who then becomes a creditor vis-a-vis the debtor (replacing in this role the original creditor). This mechanism is used by companies to obtain liquidity and access credit. At the moment, there is no legal certainty as to which national law applies when determining who owns a claim after it has been assigned in a cross-border case. The ...

The Committee on Legal Affairs is proposing that the European Parliament give its consent to EU accession to the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, concluded within the framework of the Hague Conference on Private International Law.

Ten years since its adoption, the EU Mediation Directive remains very far from reaching its stated goals. This briefing summarises the main achievements and failures in the implementation at national level. In addition, it assesses the conclusions of previous research and of the European Parliament's resolution on the implmentation of the Mediation Directive.

Mediation Directive 2008/52/EC

In sintesi 15-11-2018

Mediation Directive 2008/52/EC defines the procedure of environmental impact assessment. It intends to facilitate access to alternative dispute resolution mechanisms and to promote the amicable settlement of disputes, while encouraging the use of mediation. The directive applies to cross-border disputes in civil, including family law, and commercial matters. This note provides a brief overview of its implementation.

Il presente studio, commissionato dal dipartimento tematico "Diritti dei cittadini e affari costituzionali" del Parlamento europeo su richiesta della commissione giuridica del Parlamento europeo (commissione JURI), fa luce sui contratti commerciali transfrontalieri e sul loro funzionamento teorico e pratico. Descrive il quadro giuridico in cui operano i contratti commerciali e analizza le pratiche commerciali attuali in materia di scelta della legge applicabile ed elezione del foro competente. Conclude ...

The Commission is proposing to harmonise the conflict of law rules in regard to the applicable national law applicable to third-party effects in the case of cross-border assignments of rights. This initial appraisal of the Commission’s impact assessment on the proposal observes that the impact assessment is characterised by a lack of quantitative evidence and this is acknowledged explained by the impact assessment itself. The IA, however, still seems to make a reasonable case for the proposal on ...

The regulation on the service of documents and the regulation on taking of evidence are key instruments in the facilitation of cross-border cooperation between national civil courts. They have contributed to the effectiveness of cross-border litigation before civil and commercial courts by making civil proceedings in cross-border cases simpler, faster and cheaper. However, digitalisation and the use of electronic means of communication could boost their efficiency. This is why the European Commission ...

Works of art and cultural goods looted in armed conflicts or wars usually travel across several borders when they are sold. The cross-border character of looted art creates legal challenges for restitution claims as they often concern various national jurisdictions, with differing rules, as well as fragmented and insufficiently defined legal requirements in international and European legal instruments. Against this background, this European Added Value Assessment identifies weaknesses in the existing ...

Consumers may find it difficult to identify potentially harmful or unfair practices when entering into a transactional relationship with traders. Similarly, businesses and enforcement authorities may sometimes have problems applying and interpreting EU legislation in relation to commercial practices. While it is the Court of Justice that has competence to interpret EU legislation, the European Commission published legally non-binding guidance on the implementation/application of the Directive on ...

The Mediation Directive

Analisi approfondita 16-12-2016

Taking into account the limited objectives set within the Mediation Directive, namely to facilitate access to alternative dispute resolution and promote mediation that would operate in a balanced relationship with judicial proceedings, its implementation throughout the European Union has been rather successful and unproblematic. In some Member States, it has triggered the establishment of previously non-existent mechanisms and institutions; in others, it has ensured some alignment of procedural law ...