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Reforms to Brussels Regulation now finalised

Herbert Smith Freehills LLP
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European Union
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December 12 2012

On 6 December the Council of EU Justice Ministers adopted proposed reforms to Council Regulation (EC) No 442001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels Regulation

ECJ rules in-house lawyers cannot represent their client companies before EU courts

Herbert Smith Freehills LLP
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European Union
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October 3 2012

The Court of Justice of the European Union (ECJ) has ruled that in-house lawyers cannot represent their client companies in proceedings before the EU courts: Prezes Urzedu Komunikacji Elekronicznej and Republic of Poland v European Commission C-42211 and C-42311

House of Commons objects to proposed Common European Sales Law

Herbert Smith Freehills LLP
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European Union, United Kingdom
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January 3 2012

The House of Commons has objected to the proposed Regulation to introduce a Common European Sales Law on the basis that it does not comply with the principle of subsidiarity

Proposed optional Common European Sales Law

Herbert Smith Freehills LLP
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European Union
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November 1 2011

On 11 October the European Commission published its proposed Regulation on a Common European Sales Law, aimed at facilitating cross-border transactions in the EU

UK not opting in to proposed European account preservation order regulation

Herbert Smith Freehills LLP
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European Union, United Kingdom
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November 1 2011

The government yesterday announced that the UK would not be opting in to the proposed Regulation establishing a Europe-wide bank account freezing order

Class actions: European Parliament sceptical of need for action at EU level

Herbert Smith Freehills LLP
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European Union, United Kingdom
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September 9 2011

In its draft report published on 15 July 2011, the European Parliament's Committee for Legal Affairs has stated that the Commission has not put forward convincing evidence that action is needed at EU level to ensure that victims of unlawful behaviour are compensated

Draft regulation proposing Europe-wide freezing orders

Herbert Smith Freehills LLP
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European Union
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September 9 2011

On 25 July 2011, the European Commission published the proposed European Account Preservation Order (EAPO) Regulation

Further developments on European Contract Law reform

Herbert Smith Freehills LLP
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European Union
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June 6 2011

In our e-bulletin dated 16 February we reported on the European Commission's Green Paper on policy options for progress towards a European Contract Law, which set out a number of options including its favoured proposal for the creation of an "optional instrument" of European contract law

ECHR finds success fees breached Article 10 rights

Herbert Smith Freehills LLP
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European Union, United Kingdom
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February 16 2011

In a judgment released in January, the European Court of Human Rights held that the requirement for MGN to pay "success fees" due to Naomi Campbell's lawyers under a Conditional Fee Agreement was incompatible with MGN's right to freedom of expression under Article 10

Advocate General opinion: no legal professional privilege for in-house lawyers in EU competition investigations

Herbert Smith Freehills LLP
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European Union
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June 7 2010

In the EU competition law context, the Advocate General's opinion in Akzo Nobel Chemicals Ltd v Commission of the European Communities (Akzo) was published on 29 April 2010