EU

The Bar Council is encouraging all barrister with an interest in starting or developing their international practice to attend the IBA Annual Conference, which the biggest conference dedicated to bringing together lawyers with an international practice. The Bar Council is will have a stall promoting the Bar to the around 4000 international practitioners attending. In addition it host a networking reception for 300 guests at the Westin Hotel on Tuesday 6 October, which all barristers present in Madrid are invited to attend. For distribution both at the stall and at the reception the International Committee is publishing a brochure “Barristers in the International Legal Market”. All chambers have been sent a letter inviting them to advertise in this publication, which also be used at subsequent events. The deadline for adverts to be submitted 7 September. Please contact Rukaiya Bhegani for further details at Rbhegani@barcouncil.org.uk or on 020 7611 1357. 

The European Commission is consulting the public to determine whether International Standards on Auditing (ISAs) should be adopted
in the EU. The deadline is 15 September 2009. 

See: http://ec.europa.eu/internal_market/auditing/isa/index_en.htm 

Two regulations have recently been adopted establishing procedures for the negotiation, conclusion and variation of bi-lateral agreements between Member States and third countries, on respectively, applicable law in contractual and non-contractual obligations; and on jurisdiction, recognition and enforcement of judgments and decisions in family law areas. 

See: http://register.consilium.europa.eu/pdf/en/09/st10/st10250.en09.pdf 

The June JHA Council adopted a report on certain aspects flowing from the recent evaluation of the operation of the European Arrest Warrant, and called for more work to be done with a view to updating the rules. See pg 32 of
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/108356.pdf 

The Union of International Lawyers, of the International Criminal Bar Association is organising a seminar about the defence before the international criminal courts on 11th and 12th September 2009. This seminar will deal with the questions relating to the functioning of these jurisdictions, their procedural rules, the evolution of their jurisprudence, and their future from a political point of view as well as a legal one. 

In June, the Council formally asked the ECJ for a ruling on the compatibility with the EC Treaty of a possible future Agreement creating a Unified Patent Litigation System (“UPLS”). The incoming Swedish EU Presidency will support this. 

http://ec.europa.eu/internal_market/indprop/docs/patent/recommendation_sec09-330_en.pdf 

Presidency will be advising the Commission on the way forward later this year. The House of Lords Sub-Committee E adopted its own report on the review in July. 

The long-awaited proposal for an EU regulation on jurisdiction and applicable law in the field of succession and wills is now expected to be adopted by the Commission in mid-October. The Spanish EU Presidency intends to treat it as a priority in early 2010. 

As at the time of writing, the Commission had not yet committed itself to a date for the adoption of its much anticipated proposal for a directive on antitrust damages. 

In June the ECJ issued judgment in Case C-8/08, holding that there is a presumption of a causal connection between a concerted practice and the conduct of the undertaking on that market, even if the concerted action arises from just a single meeting between the participating undertakings. That presumption must be applied by the national court. 

See: http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-8/08