30th Anniversary of the AEA-EAL
22 October 2016 in Paris, France
European Family Law in Practice of European Lawyers
2 – 4 September 2016 in Łódź, Poland
The Automatic Exchange of Information on Tax Matters
6-7 November 2015 in Padova – Venice, Italy
European Family Law in practice of Polish and others European Lawyers
3 – 4 July 2015 in Białystok, Poland
Tax Incentives in the EU Countries: a fair competition?
14 November 2014 in Brussels, Belgium
European Labour and Social Law
6 – 7 June 2014 in Kraków, Poland
New EU Rules to Ease Cross-border Succession
13 – 15 June 2013 in Gdańsk, Poland
The EC Proposal for an optional Common European Sales Law
25 – 27 October 2012 in Berlin, Germany
AEA-EAL General Assembly
26 May 2012 in Brussels, Belgium
The Rules of Ethics of the Legal Profession at the beginning of the XXI century
14 – 16 April 2012 in Warsaw and Olsztyn, Poland
On April 14th, 15th and 16th, the European Association of Lawyers invited its members and supporters to study and networking days in Poland.
The stay began on Saturday at noon with a warm welcome by the Warsaw Bar of Legal Advisers (lawyers practising their activity in the field of commercial and business law) before a trip with some fellow Polish colleagues to the wonderful Masurian Lake district, former Eastern Prussia. Our Polish friends were most agreeable and entertaining. The trip has been very cheerful, not mentioning the beautiful landscape outside: marvellous hills (leftovers of former glaciers), beautiful lakes and pins and birches forests as far as the eye can see. What a breathtaking view! The Masurian region counts no fewer than 2,700 lakes, a paradise for sailing sports lovers.
At our arrival in Olstyn (Allenstein in german), the participants were accompanied to their hotel, and welcomed by the Dean of the Olstyn Bar of Legal Advisers, the Council Bar and a most curious audience about Europe, the functioning of the European Institutions, the lobbying activities etc. Their curiosity was as impressive as their happiness to welcome foreign colleagues. Later on, the television and the press followed. The participants have eventually been invited for a walk around the beautiful Olstyn’s old area. A medieval castle towers over the city and is rumoured to have been Copernicus’s living and working place for several years. This fantastic day ended with a delicious dinner in a beautiful restaurant built on the lake.
The next day was devoted to a long trip of the above mentioned region with our fellow polish colleagues. It began with the visit of the ‘Wolfsschanze’, an impressive set of bunkers, absolutely invisible thanks to a veil covering the buildings (invented by a Belgian) and indestructible where Hitler and his generals used to stay and where the failed attack of von Stauffenberg took place.
The trip continued to a baroque pilgrim church, Swieta Lipka, a Jesuit monastic place, with a gorgeous three-bay basilica, considered as one of the most beautiful baroque specimens in Poland. This church is particularly famous for its magnificent baroque organ built in 1721. We were fortunate enough to be welcomed in this place by an organ concert. What a beautiful place!
Lunch took place in Ryn, in a former Teutonic castle, just next to one of the numerous lakes of the Masurian region.
The next day, Monday April 16th, was devoted to a study day about “The rules of ethics of the legal professions at the beginning of the XXI century”. This seminar was co-organised by the Warsaw Bar of Legal Advisers and the European Association of Lawyers. It took place in the premises of the Warsaw Bar of Legal Advisers and could easily welcome the 200 participants. The perfect organisation, which left nothing to chance, guaranteed the participants a warm reception and their comfort throughout the day.
The opening of the seminar was assigned to the Chairman of the Arbitration Court at the Polish Chamber of Commerce and former minister of Justice and Attorney General, Mr. Andrzej KALWAS. The floor was then given to Mr. Maciej BOBROWICS, President of the National Council of Legal Advisers, Mrs. Elisabeth HOFFMANN, President of the European Association of Lawyers, and Mrs. Maria SLAZAK, vice-president of the Council of Bars and Law Societies of Europe (CCBE hereafter).
The first panel was devoted to the following question: Can the profession of public trust exist without ethics? Mr. DE BAERDEMAEKER, Chair of the Society of French and German speaking Bars in Belgium (OBFG) gave a remarkable opening lecture distinguishing moral and ethics, recording that public trust and lawyers’ independence are essentials, that ethics, including lawyers’ and courts’ trust is an obligation of the rules of law. Mr. DE BAERDEMAEKER mentioned that the Belgian Lawyers’ oath includes the obligation to accept one’s term in all conscience and concluded his speech with three judgments of the European Court of Justice regarding the entire issue of ethics.
Mr. SCHERMANN, Honorary President of the Confédération Nationale des Avocats (National confederation of French Bars), put an emphasis on globalisation and its consequences on our profession to conclude that our services are of a particular nature and are not really part of a competitive market. He drew the participants’ attention to the French deontology rules that have been the subject of an executive order: the pressure from national and European institutions, always willing to impose rules and measures, is strong. He also underlined several differences about deontology rules in EU member countries: the quota litis pact is recognised in some countries, especially Eastern European countries, some national orders accept an association with other professions etc.
The second panel was devoted to a European Code of Ethics of the legal profession. Mrs. Lucy Dupong, former President of the Luxemburg Bar and Chair of the CCBE Deontology Committee, detailed the working methods of the CCBE and the differences remaining in the field of deontology in the EU member states. The Code of Ethics of the legal profession drawn up by the CCBE should be amended but the road will be long and difficult.
Mr. Pawel SKUCZYNSKI, President of the Institute of Legal Ethics in the Department of Law at Warsaw University, later on made a difference between the professional rules that came from a French heritage and those, much different, of the United States particularly securing very close boundaries with the client that exclude, as a matter of fact, the principle of the lawyer’s independence. However this is compensated by very strong professional rules. He regrets that European traditions are disappearing.
Mister KLATKA mentioned that Poland did not adopt the CCBE Code yet.
The study-day ended with Mr. KALWAS’ concluding speech, pleading for deontological rules, determined by the profession rather than by the State.
Our Polish colleagues, whose hospitality is proverbial, were truly marvellous hosts and the organisation of the seminar, with topical and high quality speakers, was well received. Finally, on top of everything else, the seminar was the occasion to make new acquaintances and to visit some Polish regions whose beauty will never be forgotten.
The European Association of Lawyers organises several times a year seminars and congresses in different European countries with the support of the European Commission. They emphasise European and/or international issues with high-class speakers. These meetings allow the participants to keep up with changes in European law.
This is the key reason why EAL’s General Assembly decided, in June 2011, upon special membership fees, particularly interesting for young lawyers.
The next EAL congress will take place in Berlin in October 25th, 26th and 27th 2012. The two main topics will be the proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law and a modern system of European insolvency law. Speakers from the European Commission will be invited to explain the current situation and the Commission’s intentions. High-class specialists and professors will debate. The congress will take place in the heart of Berlin in one of the most prestigious hotel and will end with a boat tour on Saturday afternoon.
Insolvency under European law
6 – 7 May 2011 in Brussels, Belgium
On May the 6th and 7th 2011, the European Association of Lawyers held a congress celebrating its 25th anniversary under the important but still largely ignored main topic of ‘Insolvency under European law’. The European Commission’s best specialists underlined the growing importance of European law and its impact on our own legal systems. Well known specialists explained the complexity of the European Insolvency Regulation, the problems related and number of legal consequences to be aware of.
Half a day has been devoted to lobbying activities practised by lawyers. Our speakers, both lawyers and Presidents of Bars, have shared their experiences and points of view on this necessary subject.
It was a wonderful, instructive and successful congress with broad interest, top specialist speakers and very positive feedbacks.
Rome I Regulation
21 – 23 October 2010 in Szczecin, Poland
Rome I is a complex but very important tool in the legal practice of lawyers advising in cross-border matters. Our next conference is dedicated to this subject. We are delighted to organise this event jointly with the district bar of legal advisors of Sszczecin in Poland. This inasmuch as one of the main goals of AEA-EAL is to intensify the contacts with our colleagues in Eastern countries.
20.00 Welcome Coctail
Venue: Conference hall of National Insurance Company, Szczecin branch, ul. Matejki 22, Szczecin
09.15 – 09.45 WELCOMING REMARKS
09.45 – 10.30 INTRODUCTION: LEGAL FRAMEWORK OF THE EUROPEAN PRIVATE
INTERNATIONAL LAW INSTRUMENTS IN THE LAW OF OBLIGATIONS
Speaker: Dr Hanna Bzdak, Judge of District Court in Szczecin,
University of Szczecin
10.30 – 11.15 THE SCOPE AND EXCLUSIONS OF APPLICATION OF REGULATION ROME I,
CHOICE OF LAW AND MANDATORY RULES
Speaker: Mr Michal Arciszewski, Main Specialist in European Law Department of
Ministry of Foreign Affairs of Poland
11.15 – 11.30 COFFEE BREAK
11.30 – 12.15 CONTRACTS OF CARRIAGE BY LAND, SEA AND AIR
Speaker: Monique Stengel, Master in International Private Law and in European
Law, Avocat à la Cour, Paris, General Secretary of EAL/AEA
12.15 – 12.45 CONSUMER CONTRACTS and E-COMMERCE
Speaker: Dr Michal Wyrwinski, Legal Advisor, Jagiellonian University in Krakow
12.45 – 14.00 LUNCH
14.00 – 14.45 INSURANCE CONTRACTS
Speaker: .Alexandra Lambrechts, Senior Associate, Attorney-at-law,
van Cutsem Wittamer Marnef et associés, Brussels
14.45 – 15.30 INDIVIDUAL EMPLOYMENT CONTRACTS
Speaker: Sabine Perquy, Attorney-at-law (Paris/Brussels), Hoffmann & Partner,
15.30 – 15.45 COFFEE BREAK
15.45 – 16.30 PRECONTRACTUAL LIABILITY (ROME II REGULATION)
Speaker: Levent Pamukcu, Master in European law, Attorney-at-law,
van Cutsem Wittamer Marnef et associés, Brussels, Member of the Board of AEA
16.30 – 17.15 DISCUSSION and CONCLUSIONS
Kinga Przybylska-Charif, President of District Bar of Legal Advisors in Szczecin
10.00 – 11.30 MEETING OF THE BOARD OF AEA
12.30 – 14.30 CITY SIGHTSEEING
The Role of Arbitration and Mediation in Europe
20 – 21 May 2010 in Aix-en-Provence, France
There were significant changes regarding the lawyers’ profession in the last few years. Further challenges and issues are awaiting: to what extent shall continuing training be required? How shall deontology be defined? How will the new technologies influence the lawyer’s activity? What shall be the right relationship with other legal, audit or commercial professions? etc. The modernization of the lawyers’ profession will be the topic of the morning session held jointly with the F.B.E.
Arbitration has become an important part for an increasing number of lawyers. The actual situation of this attractive dispute settlement tool in Europe is the subject of the afternoon program which will be organised by the AEA-EAL separately from the F.B.E.’s afternoon program on 21 May 2010. F.B.E. kindly offered not to charge AEA-EAL members for the participation of the morning program. The social activities (cocktails, lunch, gala dinner, coffee breaks) are open for both F.B.E. and AEA-EAL members.
The venue of the conference is the Centre des Congrès, 14 boulevard Carnot, F-13100 Aix-en-Provence
Thursday, 20 May 2010
7 pm: Welcome Cocktail, at the city hall of Aix-en-Provence, Salon des Etats de Provence
Friday, 21 May 2010
8.30 am Registration
Morning session held jointly with F.B.E.
9.00 – 9.30 am Welcome speeches
9.30 am – 1.00 pm F.B.E. morning session “Shall we ‘modernize’ the lawyers’ profession and the bars?” including an AEA introductory presentation “EC rules affecting the lawyers’ profession” developed by Mr. Román Gómez Ponti, Lawyer in Barcelona, Professor of Administrative Law at UB (Barcelona’s University) and former General Secretary and Chef of the Legal Department of the Catalonian Bars Council .
1.00 – 2.30 pm Lunch
Afternoon session held by AEA-EAL
2-30 – 2.45 pm Welcome and introduction speech
by Philipp Zurkinden, President of the AEA-EAL
2.45 – 3.15 pm The role of arbitration in Western Europe Juan Núñez,
Partner BD abogados, Barcelona
15.15 – 3.45 pm The role of arbitration in Eastern Europe
Robert Kamionowski, Partner Peter Nielsen Partners, Warsaw
3.45 – 4.15 pm Coffee break
4.15 – 4.45 pm Arbitration and Mediation – Competing or complementary tools?
Michel Forges, Partner, Faber Inter Law Firm, Brussels
4.45 – 5.15 pm Arbitration and Mediation in EC merger control
Prof. Thomas Hoehn, CompetitionRx, London
5.15 – 6.00 pm Panel with the speakers Co-Chairs: Dr. Elisabeth Hoffmann, Hoffmann Partners, Brussels, Member of the Board of AEA and Dr. Philipp Zurkinden, Prager Dreifuss Attorneys at law, Berne/Zurich/Brussels, President AEA
7.30 pm Gala Dinner (black tie), Fondation Vasarely, Aix-en-Provence
Saturday, 22 May 2010
10 am AEA board meeting
12 am Closing Cocktail, at the Centre des Congrès
Regulation Rome II on the Law Applicable to Non-contractual Obligations
27 – 28 November 2009 in Verona, Italy
FRIDAY, NOVEMBER 27
9h30 – 10h WELCOMING REMARKS
10h – 10h45 INTRODUCTION: THE EUROPEAN LAW – Speaker : Prof. Alessio Zaccaria. University of Verona
10h45 – 11h30 THE SCOPE AND EXCLUSIONS OF APPLICATION OF THE REGULATION ROME II – Speaker : Dr. Francesca Ragno. University of Verona
11h30 – 11h45 COFFEE BREAK
11h45 – 12h30 INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS – Speaker : Prof. Nerina Boschiero. University of Milan
12h30 – 13h15 UNFAIR COMPETION AND ACTS RESTRICTING FREE COMPETITION – Speaker : Prof. Mario Libertini. University of La Sapienza in Rome.
13h15 – 14h30 LUNCH
14h30 – 15h15 PRODUCT LIABILITY – Speaker: Dr. Luca Chievegatti. University of Verona
15h15 – 16h ENVIRONMENTAL DAMAGES – Speaker : Prof. Paolo Bertori. University of Milan
16h – 16h15 COFFEE BREAK
16h15 – 17h PRECONTRACTUAL LIABILITY – Speaker : Prof. Marco Torsello. University of Verona
17h – 18h DISCUSSIONS AND CONCLUSIONS – Avv. Gian Andrea Chiavegatti. President of the Camera Internationale Trivenata.
Former President of the AEA.
VENUE: CONFERENCE HALL OF BANCA POPOLARE DI VERONA
VERONA – 4, DELLE NAZIONI
SATURDAY, NOVEMBER 28
10h00 – 10.30 Meeting of the Managing committee AEA
10h30 General Meeting AEA
New procedure of European Order of Payment
3 October 2009 in Barcelona, Spain
On 12 December 2008, the new procedure of European Order of Payment, created by the regulation 1896/2006 will be applicable. The AEA-EAL, following its spirit of approaching the latest in European Law to the lawyers of the Old Continent, and into the context of the Procedural Sessions to be hold regularly in Barcelona, wanted to use the opportunity to deeply analyse this new procedural tool, which will certainly have a prime place in the fight against trans-national late payments, especially in the present situation of economical crisis.
To be able to provide the best lecturers, Professor in Procedural Law and Former Dean of the Barcelona Bar, Pr. Dr. Jaime Alonso-Cuevillas, organized the scientific programme.
Financing of Law Firms
21 – 23 May 2009 in Bruges, Belgium
The European Commission, in 2003 and then in 2005, examined the question relative to the validity of the laws and professional rules that restricted the following aspects: the organisation and the ownership of structures offering judicial services, the possibilities of partnership with others professions, especially with chartered accountants and the opening of branch, franchises or chains.
The Commission estimated that all restrictions, which might have a negative economic impact and forbid the existence of multidisciplinary practices, should be completely eliminated. According to the European Commission, only the restrictions allowing the protection of the service providers’ independence or its personal responsibility could be justified.
Nowadays, with the current crisis, what is the European Commission position concerning deregulation?
Since these injunctions relative to the multidisciplinary nature were made, what are the legal evolutions, the modifications adopted by the lawyers and bars in our various countries (possibility to choose a commercial structure, to create joint-stock companies, to call on to shareholders for funds, to list the company on the stock exchange, to develop multidisciplinary practices…) ?
What impact does this have on an eventual control by the bars and what is the impact of these modifications to our ethical rules (professional secrecy, conflict of interest, independence…) ?
The speakers and participants will deal with these questions during the Congress of the European Bars Federation that will take place in Bruges in May, 22nd in the morning session.
THE FINANCIAL SITUATION OF THE BARS
The economic crisis directly affects the lawyers. Bars have to assume their tasks: to represent lawyers, to defend lawyers’ interests, the development and the implementation of the ethical and disciplinary rules, the surveillance of the profession.
What are their budgets?
Where does their income come from? Are the contributions paid by the lawyers their only source of incomes?
Would it be possible to introduce other methods of financing, like sponsoring and partnerships etc?
What are the usual, yearly expenditures of bars?
Are they affected by the crisis and what are the measures planned? The Presidents of the bars must be concerned by all these questions. Therefore, it will be one of the themes that will be discussed during the Congress of the European Bars Federation in Bruges in May, 22nd in the afternoon session).
THURSDAY 21ST MAY:
Assistance to the Holly Blood Procession (privileged sits)
FRIDAY 22ND MAY: (AT COLLÈGE D’EUROPE)
8,30 – Registration.
9.00 – 9.30 – Welcome speeches by Presidents and Authorities.
– THE FINANCING OF LAW FIRMS:
9.30 – 11.15 – Introduction: traditional restrictions to the opening of law firms to external capital.
Deontology and competition. Michel BENICHOU (1st Vice-President F.B.E.).
– Rules of Community Law applied on the subject;
legal resources for defending the positions.
Lucette DEFALCQUE (speaker AEA-EAL).
– Some chosen national speakers.
11.15 – 11.30 – Coffee break
11.30 – 13.00 – Discussion: position of other countries.
13.00 – 14.30 – Lunch (buffet)
– THE FINANCIAL SITUATION OF THE BARS:
14.30 – 16.15 – Introduction: Compulsory belonging for lawyers. Non required services.
Mirko ROS (2nd Vice-President F.B.E.).
– Rules of Community Law applied on the subject;
legal resources for defending the positions.
Jean-Pierre VAN-CUTSEM (speaker AEA-EAL).
– Some chosen national speakers.
– Discussion: position of other countries.
17.30 – Closing.
20.00 – Gala Dinner at Old Hospital of Saint John.
SATURDAY 23 MAY:
9.00 – 10.30 – Meetings.
11.00 – 12.30 – General Meeting
13.00 – Lunch: Restaurant of Hotel Kempinski
16.30 – Private Guided Visit: Exposition of Charles the Bold.
The Fight against late payment in the European context
2 – 4 October 2008 in Barcelona, Spain
I am pleased to inform you about the seminar that will take place at the Barcelona Bar Association on Friday 3rd October 2008. The seminar is entitled fight against late payment in the European context.
The seminar, taking place regularly every two or three years in Barcelona about procedural Law, is an initiative of AEA-EAL European Association of Lawyers because of the next entry into force of the 1896/2006 Regulation creating an European order of payment procedure. How it works and the interaction with national law and other rules will be treated. It is a good opportunity to review questions that, regardless of working in the field of international affaires or not, do affect to our daily work in an international economic scenario, currently in crisis.
I will be looking forward to your presence on this occasion. Please reserve the date in your diary!
SEMINAR – BARCELONA, OCTOBER (2)-3-(4), 2008
IN COOPERATION WITH ILLUSTRE COLLEGI D’ADVOCATS DE BARCELONA
THE FIGHT AGAINST LATE PAYMENTS IN THE EUROPEAN CONTEXT
THE NEW PROCEDURE OF EUROPEAN ORDER OF PAYMENT
ILLUSTRE COLLEGI D’ADVOCATS DE BARCELONA
Tel. 00 34 936 011 212 (Ext. 232)
Next 12th December the new procedure of European Order of Payment, created by the regulation 1896/2006 will be applicable. The AEA-EAL, following its spirit of approaching the latest in European Law to the lawyers of the Old Continent, and into the context of the Procedural Sessions to be hold regularly in Barcelona, wants to use the opportunity to deeply analyse this new procedural tool, which will certainly have a prime place in the fight against trans-national late payments, especially in the present situation of economical crisis.
Translation Spanish/French/English available during the work sessions
THURSDAY 2/10/08 :
20.30h Optional meeting point dinner
Restaurant ” Tapa Madre ” (Mallorca, 301 / Bruc)
(payment at the restaurant)
Venue: Mallorca, 283 ; 7ª floor – Room 75
FRIDAY 3/10/08 :
09,00h – 09,45h Welcome, inscriptions
09,45h – 10,00h Welcome speech
Exma. Sra. Silvia Giménez-Salinas
Ms. Dean of the BCN Bar
Mr Jaume Alonso-Cuevillas
(Lawyer – Professor in Procedural Law – Former President FBE –
Former Dean of the Barcelona Bar)
10,00h – 11,00h The European politics on the fight against late payments.
Prof. Dr. Juan Pablo Correa del Caso (Lawyer – Professor in Procedural Law
at Barcelona University)
11,00h – 11,30h Coffee break
11,30h – 12,30h The new Procedure of European Order of Payment.
Judge to be confirmed
12,30h – 13,30h Round Table of debate:
The judicial application of the Regulation in the several European Estates.
Moderador: Jesús Sánchez García (Lawyer – Professor in Procedural Law
at EPJ -Secretary of the Section in Procedural Law of ICAB)
13,30h – 15,30h Working lunch
Restaurant Cor Caliu (in front of the Bar)
15,30h – 16,30h Round Table of debate:
Advantages and handicaps of the international arbitration to
anticipate cases of late payments.
Dr. Frederic Munné Caterina (Lawyer – Professor in Arbitration Law at ESADE –
Director of the Legal Service of the TAB)
16,30h – 17,00h Coffee break
17,00h – 18.00h The protection of the credit in the insolvency cases.
Prof. Dr. Elisa Escola Besora (Avocat – Professor in Procedural Law at
Barcelona University – Vice-President of the Section in Procedural Law of ICAB)
18.00h – 18,30h Conclusions et clôture/Conclusions and closing.
Workshops moderator: Mr Jaume Alonso-Cuevillas
(Lawyer – Professor in Procedural Law – Former President FBE –
Former Dean of the Barcelona Bar)
21.00h Dinner (optional)
Restaurant ” Barceloneta ” (Paseo Juan de Borbón – Lescar, 22)
SATURDAY 10/06/06 :
09.30h 12.30h Board meeting AEA
Only for members.
Procedural Issues between EU and third Countries
22 – 24 May in Istanbul, Turkey
Last May, from 22nd to 24th, we held a very special and successful Congress at Istanbul.
For the first time, we made a joint Congress with the Federation of European Bars (FBE), where we organized a working session about Procedural Issues between EU and third Countries.
This gave us the opportunity to participate on an extraordinary event in an extraordinary city, and this will make it difficult to forget.
The working sessions was distributed into two days: first, on the afternoon of the 22nd, our Association presented his conference about Procedural Issues between EU and Third Countries.
THE CONCRETE PROGRAMME WAS COMPOSED BY THE FOLLOWING SUBJECTS:
1. “International civil litigation involving parties from non-EU countries” conducted by Dr. Thomas Simons, lawyer, SIMONS Rechtsanwälte, Munich and Dr. İsmail G. Esin, lawyer, ESINISMEN Law Firm, Istanbul
2. “Data banks and circulation of sensible information in penal matters trough the EU, in relationship with the third countries” conducted by Mr. Paolo Sguotti, Lawyer director partner of Studio Legale Sguotti Beraldo & Associati
3. “Procedural issues related to extraterritorial application of competition law” conducted by Prof. Lerzan Kayıhan Ünal, Competition Expert and Yaşar Tekdemir, Acting Director of International Relations):
4. “Provision of services and establishment in the EU by Non EU persons” conducted by Mr. Levent Pamukçu, attorney at law, Master in European Law, van Cutsem Wittamer Marnef & Partners, Brussels
After this working session, we assisted to a welcome cocktail at Dolmabahce Palace, with the show of whirling dervishes.
The day after, on 23rd May, took place the working session of the Federation of European Bars (FBE). The subject was about “Marketing for Lawyers”, and took place on the morning and on the afternoon.
Of course, all participants, from FBE or AEA-EAL were allowed to participate to both conferences.
It is easy to be seen the extraordinary link existing between both organisations: The opportunity of our members to participate in discussions about the future of the profession, was balanced, on the other hand, by enabling the members of the FBE assisting to the Congress, to assist to academic lectures on European Community Law.
On the evening of that day, we shared a gala dinner at Tashkent private boat cruising the Bosphorus by traditional Turkish live music.
It was then a great pleasure and satisfaction for both organisations, to organize a joint Congress in that singular occasion. And not all was work…
European and International Uniform Law
26 – 27 October 2007 in Florence, Italy
The conference was organised by The European Legal Forum (IPR Verlag) and the AEA – Associatión Européenne d’Avocats – in cooperation with the Suisse Institute of Comparative Law and the Dutch ASSER Instituut. It took place in the European University Institute in Florence on the 26th and 27th October 2007.
The conference was dedicated to the development of uniform law, in the context of the European unification and in general at international level. In many fields of the law the development of uniform law has reached a point where a uniform legal order comes into sight. As a consequence, having regard to the practice of the uniform legal rules in the environment of the often highly diverging structures of the national jurisdictions the question arises: How uniform is the practice of uniform law?
THE CONFERENCE ADDRESSED THE SUBJECT OF THE DEVELOPMENT AND OF THE PRACTICE OF UNIFORM LAW UNDER FOUR DIFFERENT ASPECTS:
The first part of the conference was dedicated to a survey on the development of uniform law in different areas of the law. Dr. Mathias Lehmann, University of Bayreuth, informed on the development of uniform law in the field of civil and commercial law. Thereafter, Prof. Annette Kur, University of Stockholm and Max-Planck-Institute of intellectual property, competition and tax law in Munich, gave an overview on the highly progressive status of uniform law in the field of intellectual property law, followed by Dr. Andrea Schulz, researcher at The Hague Conference of private international law and today officer at the German federal office of justice, who discussed the development in the field of family and child law. Each of the three presentations addressed the relations between the international uniform law rules and the evolving European uniform legal order. The latter was the focus of the presentation by Prof. Ansgar Staudinger, University of Bielefeld, who lectured on “From international conventions to the Amsterdam Treaty and beyond: What has changed in judicial cooperation in civil mat-ters?” He discussed the development in EC law where since the Amsterdam Treaty the EU is acting, for an entire area of the law, as a legislator of uniform legal rules which apply indistinctively in all legal systems of the Member States. Nevertheless, he showed that due to the various forms of opting-out which have survived, the European system of judicial cooperation in civil matters is still only partly functional.
The second part of the conference raised the question of “How uniform is uniform law?” in regard to the fact that uniform legal rules typically develop in the environment of a multitude of legal systems and the different rules and conditions therein. Dr. Thomas Simons, President of the AEA and managing director of IPR Verlag, discussed problems of forum shopping, which he explained was a phenomenon typical of uniform law and a sensitive indicator of where the uniform legal order is yet only insufficiently developed, thus giving way to situations in which the addressing of one legal order rather than another may offer parties attractive choices for forum shopping. Prof. Jonathan Harris, University of Birmingham, discussed the particular difficulties and sometimes misunderstandings which may arise where the English common law system meets with European uniform legal rules which are not rarely inspired by concepts and views of continental law. Prof. Peter Hay, Emory Law School (USA) and University of Dresden, discussed the role of the public policy rule in European law of civil procedure as an “ultimate defence barrier” of the national legal systems against the intrusion of foreign legal concepts via the instruments of uniform law.
Dr. Thomas Simons,
President of the AEA
managing director of IPR Verlag
The afternoon of the first conference day was dedicated to legal aspects of information and information transfer in the field of uniform law. Prof. Rainer Hausmann, University of Konstanz, gave an in-depth comparative analysis of the rules under which foreign law is considered in civil proceedings, whether they are considered as facts or as equivalent to the national legal rules of the forum state, and on the solutions offered for the sometimes complicated issues which can arise therefrom. Dr. Daniela Tiscornia, Florence Institute of legal informatics, took a different approach, when lecturing on how information technique may assist the overcoming of the traditional barriers of language and material access to foreign legal information. Her presentation was followed by Eva Lein, researcher at the Institut Suisse de Droit Comparé, who informed on the ongoing work of the institute. Thereafter the editorial team of The European Legal Forum presented the unalex project (www.unalex.eu), which is being developed as a system of uniform legal information functional to enhance the distribution of multilingual information in the field of uniform law.
The second conference day was dedicated to the role of the judiciary in the field of European uniform law and to the discussion of “Ways to achieve conformity of European jurisprudence”. Prof. Peter Schlosser, University of Munich, addressed the conference with an in-depth analysis of the methods of applying uniform legal rules as used in the context of the different national legal systems. His presentation was followed by a panel discussion of European Supreme Court judges who disputed the question: How uniform is the European jurisprudence in the field of uniform law? Prof. Günther Hirsch, President of the German federal court, Francoise Pascal, 1ére chambre civil of the French Cour de cassation, and Lord Thomas Bingham, English House of Lords, unanimously agreed on the need for an increased and systematic knowledge and an opinion exchange between European Supreme Courts when called to apply the rules of European law. Finally, Prof. Carl Baudenbacher, President of the EFTA court, gave an overview over the role of the jurisprudence of the EFTA court alongside the ECJ in the pursuit of European uniformity.
The audience consisting of around 100 participants, among whom many judges from European supreme courts and many academic researchers from most European States, followed the conference with much interest in discussions at a level which was as high as that of the presentations. The European University Institute, expertly represented by Prof. Hans Micklitz, provided an outstanding background for a conference of high interest, which has opened a dimension in the discussion of uniform law where many different perspectives still remain to be discovered. The team of The European Legal Forum, at the end of their presentation of the unalex project, conveyed what can be taken as a motto not just for the development of an international system of uniform law information, but as a mission statement for the research and for the legal practice in the fields of uniform law: “There is a challenge to be met and much work to be done. The results will be worth the efforts.”
The European Inquiries and Future Policy in the Energy and Financial Services Sectors
1 – 3 March 2007 in Gstaad, Switzerland
The conference started on Thursday evening with a fine cheese fondue dinner in the cosy “Fromagerie” of the hotel Palace where almost all the speakers and some of the participants were present.
On Friday, the first part of the morning session dealt with the results of the sector inquiries of the European Commission in the energy and financial services.
Robert Klotz of DG Competition, unit electricity and gas, detailed the process of the energy inquiry and the areas it was focused on. The main results of the inquiry were that there is still high concentration, vertical foreclosure and poor cross-border activity on the various energy markets. A stricter application of competition rules and regulatory measures shall serve as remedies to eliminate the deficiencies in the energy market.
Elke Gräper of the financial services unit in DG Competition, gave an over-view of the two main topics of the financial services inquiry i.e. retail banking and business insurance. The preliminary findings in retail banking were: extremely fragmented markets, customer immobility, highly varying degrees of concentration, prices, selling patterns and profitability, but also partly high fees and barriers regarding access to infrastructures. In the business insurance area the inquiry stated as main problems sustained differences of insurer’s underwriting profitability, risks of foreclosure, “best terms and conditions” clauses in reinsurance and co-insurance, conflicts of interests for certain insurance intermediaries ad lack of transparency of intermediaries’s remuneration. The final report on the business insurance sector is expected to be published in September 2007.
Prof. Walter Stoffel explained in a very illustrative presentation the Swiss competition policy in a European context and the practice of his authority in the various sectors, in particular in the energy and financial services sector.
The morning session was closed by a panel which was chaired by Prof. Helmuth Schröter. The panel included the speakers as well as two eminent lawyers in the energy and financial services areas, Mr. Frank Schoeneveld, McDermott Will & Emery, and David Wood, Gibson Dunn & Crutcher.
In the afternoon session, Alejo Vidal Quadras, Vice-President of the European Parliament and Christopher Jones, deputy head of the Cabinet of Commissioner Andris Piebalgs presented interesting ideas on the future politics of the EU and expected developments in the EC legal framework in the energy sector. The same topics, but for the financial services sector,, were explained by the Director Financial Institutions of DG Internal Market, Elemer Tertak and José Maria Roldàn Alegre, Director General Banking Regulations of the Banco España.
Also the afternoon session was closed by an interesting panel, including the speakers and the same two international lawyers D. Wood and F. Schoeneveld and chaired by Jacques Steenbergen, Professor at the University of Leuven.
In the evening a gala dinner took place honoured by a speech of Mr. Ambassador Michael Reiterer, head of the Delegation of the European Commission in Switzerland.
But it was not all hard work …
Dr. Philipp Zurkinden, Bern
20th Anniversary of the AEA-EAL
8 – 10 June 2006 in Barcelona, Spain
Thursday June 8, 2006
20.30 h : optional acquaintance supper, Restaurant “Tapa Madre”, Mallorca 301
(payment at the restaurant)
Friday June 9, 2006
09.00 h Registration
09.45 h Welcome speech
Excma. Sra. Silvia Gimenez-Salinas, President of the Barcelona Bar
Workshops moderator : Marc Willemart, Lawyer, Brussels
10.00 h Problems of European Law of competition within agency contracts
Sr. Carles Prat, Lawyer, Barcelona
10.30 h The end of the agency contract
Sr. Juan Nunez, Lawyer, Barcelona
11.00 h Coffee break
11.30 h Problems of European Law of competition within distribution contract
Elisabeth Hoffmann, Lawyer, Brussels
12.00 h The automobile dealer contract
Stephane Willemart, Lawyer, Brussels
12.30 h Debate
13.30 h Lunch (buffet)
15.00 h Problems of European Law of competition within franchise contracts
Sr. Josep Gajo, Lawyer, Barcelona
15.30 h The end of franchise contracts
Jerome Zuccarelli, Lawyer, Nice
16.00 h Coffee break
16.30 h Round table, National particularities and conclusions
Moderator Sr. Luis Antonio Sales, Lawyer, Barcelona
18.00 h Conclusions
Clemens van Nispen, President of the AEA-EAL
20.30 h Dinner (optional)
Montsio, 3 bis – Tel. 93 302 41 40)
Saturday June 10, 2006
09.30 h Board Meeting AEA-EAL
11.00 h General Assembly AEA
12.45 h Excursion (optional)
to a “Cava” cellar
European Law Congress
26 January 2006 in Megčve, France
AEA-EAL Annual Meeting
15 – 17 October 2005 in Hague, The Netherlands
Thursday 15 October
evening informal get together and dinner
Friday 16 October 2005.
09.00 – 17.30 Congress theme will cover consequences for the European practising lawyer of the Common Frame of Reference for Contract Law in Europe. Development and update as to long term project on European Contract Law including aspects of Consumer Law and Procedure.
20.00 Gala dinner
Saturday 17 October
Summer Academy of European Business Law
4 – 9 July 2005 in Gröningen, The Netherlands
The Summer Academy of European Business Law took place this year at Gröningen, Netherlands, from 4 to 9 July 2005, under the supervision of Professor Dr.Laurence W. GROMLEY and his staff of the Centre d’Excellence Jean Monnet from the Gröningen University.
It has been a long tradition that the AEA organised each year the Academie d’été in the College de Bruges, Belgium. By a combination of reasons the organisation of the summer course in Bruges has been terminated in 2004. That however is no reason to terminate this tradition in which we fulfil our self chosen task of permanent education.
We have been able to come to terms with the Department of European Economic Law (Jean Monnet Centre of Excellence) of the University of Groningen in the Netherlands to organize a summer course from 4 through 9 July 2005. The European Law Department is headed by professor Dr Laurence W. Gormley, professor of European Law and Jean Monnet Professor.
The summer course was given by professor Gormley and his staff and covered recent developments on Judicial Review, Competition Law, Public Procurement, Liberalisation of Regulated Markets (Energy) and Financial and Health services.
So the tradition of the Academie d’été has been continued in another place and in other surroundings. Groningen is an uniquely attractive city in the north of the Netherlands.
AEA-EAL Congress “Lawyer facing money laundering”
27 – 28 May 2005 in Brussels, Belgium
This Congress took place in Brussels, from 27 to 28 May 2005 and had as subject : ‘The obligations of lawyers facing money laundering“. The European and national regulations were discussed in cooperation with the French-Speaking Brussels Bar.
The tension if not conflict between the principle of legal privilege (‘secret professionel’) and the interests involved in the fight against terrorism and its financing and money laundering activities, were dealt with by speakers from the bars of several member states and representatives of the Commission. An issue of great principal and practical importance we all will have to deal with, sooner or later.
Thursday 26 May 2005
Informal get-together at the Hotel Bristol Stephanie
Friday 27 May 2005
|08.30 – 09.00||Registration||Hotel Bristol Stephanie|
|09.00 – 12.30||Morning lectures|
|12.30 – 14.00||Lunch|
|14.00 – 15.45||Afternoon Lectures|
|15.45 – 17.00||Panel discussions|
Saturday 28 May 2005
|09.30 – 11.00||Meeting board – conseil d’administration|
|11.30 – 12.30||General meeting|
|12.30 – .||Luncheon for members AEA and partners offered by the AEA|
9th Summer Academy of European Business Law
4 – 7 July 2004 in Bruges, Belgium
Lawyers and legal experts specialized in Business Law do not all practice Community Law on a fulltime basis. Many of them would nevertheless like to be kept informed in an in-depth manner of a matter with which they are regularly confronted. That is precisely the aim of the Summer Academy of European Business Law. Organised in the form of a round table, this residential seminar has been held each year at the College of Europe during the month of July. For the main matter, which is Competition Law, knowledge has been updated annually. The other subject matters covered, like copyrights or free movement of goods or services has been on the programme every two years in order to enable greater coverage of the matters.
Founded in 1949, the College of Europe is the oldest institute of European postgraduate studies. It aims to train tomorrow’s professional for a European future.
The Madariaga European Foundation is the research branch of the College of Europe. Its main objective is to promote reflection on European unification, in close cooperation with the College of Europe on whose academic strength it draws.
Created in 1986, the European Association of Lawyers is an association whose purpose is to develop the community spirit, to promote the European Concept of the profession of the Lawyer and to facilitate its practice.
European unfair competition law
29 January – 1 February 2004 in Garmisch-Partenkirchen, Germany
Thursday, 29 January
20:00 – »Get together«
Friday, 30 January
09.15 – 09.30 – Commencement of session. Introduction and welcome
09.30 – 10.30 – Unfair competition in the EU Member States. Overview on the Member States present domestic laws of Member States.
– Dr. André Janssen, University of Muenster
10.30 – 11.30 – Consumer protection through EU Directives. The acquis communautaire in the field of consumer law.
– Prof. Dr. Hans-Joachim Reinhard, Max-Planck-Institut for foreign and international social law, Munich
11.30 – 12.00 – Coffee break
12.00 – 13.00 – The proposed EU Directive on Unfair Commercial Practises.
– Representative of the GD Consumer Protection at
13.00 – 14.30 – Lunch
14.30 – 15.30 – Unfair competition and consumer protection in European private international law and civil procedure.
– Prof. Dr. Rainer Hausmann, University of Konstanz
15.30 – 16.00 – Coffee break
16.00 – 17.00 – AEA Panel on Cross-Border Unfair Competition.
– Punitive damages under European law.
– The conflict in European advertising standards: How the ECJ could have decided the Bacardi case?
17.00 – End of the session.
18.00 – Coach-trip to the Partnach Canyon. Torchlight walk through the canyon.
20.00 – Traditional Dinner at the »Forsthaus Graseck« at the top of the canyon
Saturday, 31 January
09.30 – Excursion to the »Wieskirche«: Guided tour and organ recital.
13.00 – 14.30 – Lunch
16.00 – 18.00 – General Meeting of AEA-EAL
20.00 – Gala dinner
Sunday, 1 February
Opportunity of visiting/skiing the Zugspitze, highest mountain of Germany (2946 m). Shuttle service from hotel at request. Ski outfit can be hired. Welcome at the »Muenchner Haus« at the top of the Zugspitze
European Law on Intellectual Property
2 – 5 October 2003 in Warsaw, Poland
Thursday, October 2:
19.30 – – Get Together
Friday, October 3:
09.00 – 10.00 – Opening ceremony and welcoming speeches
10.00 – 11.15 – intellectual property (patent)
11.15 – 11.45 – coffee break
11.45 – 13.15 – intellectual property (trade mark)
13.15 – 14.30 – lunch
14.30 – 16.15 – copyright and other intellectual property
16.15 – 16.45 – coffee break
16.45 – 18.15 – discussion panel
20.00 – gala dinner
Saturday, October 4:
09.30- 12.30 – Seminar: Accession Treaty and last issues to be solved before the accession.
12.30 – departure to Kraków (sandwich lunch) for participants
12.30 – 15.00 – AEA-EAL meetings
17.00 – 18.00 – scientific session
19.30 – dîner
Saturday, October 5:
Kraków – city seeing
8th Summer Academy of European Business Law
6 – 9 July 2003 in Bruges, Belgium
Seminar on contract law
28 – 31 May 2003 in Palermo, Italy
Green law seminar
27 – 30 April 2003 in Brussels, Belgium
26-28 November 2000 – Brussels -Belgium
Application of Articles 81 and 82 of the Treaty by the national competition authorities (specific issues)
Application of Articles 81 and 82 (former Articles 85 and 86) of the EC Treaty by national competition authorities.
New procedure of the European Court of Human Rights
22-23 September 2000 Strasbourg – France
New procedure of the European Court of Human Rights. Application of the Convention and Protocol I to the civil and commercial procedures.
Summer Academy of European Business Law
9-12 July 2000 Bruges – Belgium
Summer Academy of European Business Law. Residential seminar at the College of Europe in cooperation with the College of Europe and the Madariaga Foundation (former students College of Europe). Two parallel sessions, one in English, another in French.
Summer Academy of European Business Law in German
2-5 July 2000 Trier – Germany
Summer Academy of European Business Law in German
Residential seminar in cooperation with the ERA
Board of Directors meeting
21-25 June 2000 – Athens and the Greek islands – Greece
Enlarged Board of Directors meeting (Syros, Mykonos, Delos, Santorini, Paros, Serifas)
Brussels and Lugano Conventions. Draft Community Regulation
19-20 May 2000 – Barcelona, Spain
Draft Community Regulation
Competition law and liberalised sectors
27-30 January 2000 Gstaad – Switzerland
Competition law and liberalised sectors
Community Law (St. Moritz, February 1999)
Corporate governance (Venice, June 1999)
Summer Academy of European Business Law (Bruges and Trier, July 1999)
Banking Law (Frankfurt, November 1999)
Environmental Law (Vienna 1998, in collaboration with AIJA);
The new directive on the freedom of establishment (Stockholm 1998);
Summer Academy of European Business Law (1998, Bruges, French and English session; Trier, German session);
Competition Law: EEC Articles 85 and 86 and EEC Articles 92 and 93 (Berlin 1998).
Conferences 1987 – 1997
The Euro in contracts (Palermo 1997)
A role for the defence in Community competition procedures (Brussels 1996)
Summer Academy of European Business Law (Bruges 1996)
New aspect of Business Law in Europe (Poland’s membership in the OECD; a step towards the European Union) – European Law today and tomorrow (Warsaw 1996)
Commercial distribution in Europe (Seville 1995)
The Law of European companies and joint ventures in Europe; Investments in Slovenia (Portoroz 1995)
International Business Law in Europe (Rome 1994)
The Rights of the defence and the Rights of the Commission in Community competition law (Brussels 1994)
The general conditions of contracts in Community law (Verona 1993)
The Court of First Instance (Luxembourg 1993)
The Rome Convention on the law applicable to contractual obligations (Verona 1992)
Agency and franchise agreements (Verona 1991)
Lawyers and the European Single Market (Paris 1988)
The Brussels Convention, freedom of establishment and the Single Act (Brussels 1987)