EU

The July 2008 proposal to extend copyright protection from 50 to 95 years, for performers and phonogram producers, should have been adopted by the EP by the end of March.
http://www.europarl.europa.eu/oeil/file.jsp?id=5667672&language=en&mailer=true 

The European Commission is currently reviewing two existing EU measures designed to support victims of crime: Council Directive relating to compensation to (cross-border) crime victims 2004/80/EC and the complementary Framework Decision 2001/220/JHA on the standing of victims in criminal proceedings. The Commission is expected to launch a public consultation this Spring, with all options open, including possible new EU legislation. 

In 2009 the Commission launched its 5-year review of the operation of the Brussels I Regulation, 44/2001 on “jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”. The Commission is analysing the responses to last year’s consultation, including on the controversial issue of its application to arbitrations, on which it may seek further expert input. Given the complexities of the file, and the volume of competing work, the Commission is unlikely to issue a proposal this year, but should do in 2011.

C-557/07, Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd v Commission 

The Court of First Instance decision of September 2007, which declined to take the opportunity to extend the scope of Legal professional privilege in EU law to in-house counsel who are members of Bars or law societies, is subject to appeal before the Court of Justice of the EU. The opinion of Advocate General Kokott is expected on 29 April 2010. 

In May, the EP should adopt an own-initiative report responding to the Commission’s 2009 Communication on enhancing the enforcement of Intellectual Property Rights COM(2009)467). See further: www.europarl.europa.eu/oeil/file.jsp?id=5817632 

The Council’s Civil Justice Working Group has been developing a set of Council conclusions on the justice response to the financial crisis. It will cover measures in the justice field that should contribute to future financial stability, including enforcement of judgments; transparency of debtors’ assets; insolvency law instruments, as well as more securityorientated issues. It was to have been adopted in Council by now, but as at the time of writing, has not been. 

The EP is shortly to adopt an own initiative report on Consumer Protection under the new Lisbon Treaty and the priorities and policies it wishes to see in the future. It is also opining on the completion of the Internal Market for Consumers. 

In 2009 the Commission launched its 5-year review of the operation of the Brussels I Regulation, 44/2001 on “jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”. The Commission is analysing the responses to last year’s consultation, including on the controversial issue of its application to arbitrations, on which it may seek further expert input. Given the complexities of the file, and the volume of competing work, the Commission is unlikely to issue a proposal this year, but should do in 2011.

At the beginning of March, the Bar Council, together with the Law Society, jointly responded to 3 linked Commission consultations in the competition field, launched in January. See: http://ec.europa.eu/competition/consultations/2010_best_practices/index.html 

The EP held a hearing in late March with National Parliaments on the proposal for a Consumer Rights Directive (2008/0196/COD). The focus of the debate was the appropriate level of consumer protection and the Commission's full harmonisation approach. The Bar supports targeted full harmonisation, leaving issues such as remedies to Member State national law. The EP is aiming for an adopted report on the proposal by the summer.