EU

Case C-63/08 Pontin v Comalux, preliminary reference. Pregnant workers must enjoy effective judicial protection of their rights under Community law. Where the only remedy available under national legislation to a worker dismissed during pregnancy does not provide adequate time-limits within which to bring proceedings, that legislation introduces less favourable treatment linked to pregnancy and constitutes discrimination against female employees 

The EU is taking the steps needed for it to sign up to the Hague Protocol of 2007, which would mean that EC Regulation No 4/2009 on jurisdiction and enforcement of Maintenance Obligations becomes applicable either on 18 June 2011 or from the date of application of the Hague Protocol. 

See: http://www.europarl.europa.eu/sides/getDoc.dopubRef=//EP//NONSGML+COMPARL+PE428.221+01+DOC+PDF+V0//EN&language=EN 

On 6 October 2009, the ECJ gave judgment in Case C-123/08, an application for a preliminary ruling concerning the grounds for refusal to execute a European Arrest Warrant (EAW), and the discretion the Member States have in implementation thereof. (Framework Decision 2002/584/JHA). See: http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-123/08  EU – US 

The European Council, meeting in late October, agreed to add a protocol to the Lisbon Treaty which will allow the Czech Republic to opt out of the Charter of Fundamental Rights, just as the UK and Poland have done. This will mean that the Charter applies only to EU, and not national, legislation, in those Member States. Left with no valid excuse not to, the Czech President signed the Treaty on 3 November, bringing the ratification process to completion in all 27 Member States. Thus, the Treaty of Lisbon should enter into force by the year’s end. 

The Swedish Presidency of the EU has been enthusiastic in its attempts to secure agreement on a Unified Patent Litigation System, including the planned adoption of Council Conclusions on an Enhanced Patent System in Europe. See: http://register.consilium.europa.eu/pdf/en/09/st14/st14040.en09.pdf 

The EU is currently conducting a 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”. In October, the European Parliament Legal Affairs Committee (“JURI”) held a hearing at which Alexander Layton QC was invited to speak on behalf of the Bar. The EP is working on its report. 

See: http://www.europarl.europa.eu/activities/committees/hearingsCom.do?language=EN&body=JURI. The view of the Council will be crucial. 

The wording of Article 28 of the Rome I regulation is being amended from “This Regulation shall apply to contracts concluded after 17 December 2009" to say “This Regulation shall apply to contracts concluded as from 17 December 2009." 

The Commission intends to consult interested parties in the first half of 2010, regarding evaluation of changes introduced in the regulatory framework applicable to services, to comply with the Services Directive (2006/123/EC). The directive is supposed to be fully implemented by the Member States by 28 December 2009. 

DESMOND Browne QC, Chairman of the Bar, has spoken on the theme of ‘Human rights under threat abroad and at home’ at a fringe meeting at Labour Party Conference on Sunday. 

The meeting, organised by the Society of Labour Lawyers and the Bar Council, brought together a distinguished panel of speakers, consisting of Lord Bach, Parliamentary Under-Secretary of State, Ministry of Justice, Beatrice Mtetwa of the Zimbabwean Bar, and Desmond Browne QC, Chairman of the Bar. 

In preparation for attending the above lecture, and indeed in anticipation of developments were the Lisbon Treaty to be adopted, a perusal of the House of Lords EU Committee’s recent report of the above name would be most informative: 

http://www.publications. parliament.uk/pa/ld200809/ldselect/ldeucom/125/125.pdf