Monday, March 17, 2003

Did you know that European contract law was incoherent and needs "action" ? Well, read this. The starting point is to sort out what has already been done to contract law in the Member States by European Community law and its various directives. So perhaps it is not as crazy as it seems at first glance and the document linked is worth reading.

Wednesday, January 15, 2003

The EC Court of First Instance rejected today an attempt by some large tobacco producers to obtain what was tantamount to an "anti-suit" injunction to prevent the European Commission from suing them in the Federal Courts in the US to obtain damages under the RICO Act for alleged smuggling.
You can see the Court's judgment here
The Court also issued a brief and clear press release.
Thanks to Howard Bashman's How Appealing blog for pointing this case out.

Tuesday, January 14, 2003

At last ! The Commission's cartel busting decision in the Vitamins case has been published. The decision was actually adopted on November 21st, 2002 but only made public on January 10th 2003. You can find the published version here

Wednesday, January 08, 2003

If you want a copy of the EC Treaty incorporating the amendments made by the Nice Treaty, you can find the consolidated version, published in the Official Journal here

Saturday, December 14, 2002

The Treaty of Nice will enter into force. It didn't look as if it would happen. Now that Ireland has done nearly all it needs to to, the Treaty will become law soon.

Art. 12 of the Treaty of Nice provides that it "shall enter into force on the first day of the second month following that in which the instrument of
ratification is deposited by the last signatory State to fulfil that formality".

All Member States but Ireland have deposited the instrument of ratification.
In Ireland, the legislation required after the referendum has now passed all stages in the two Houses of Parliament and was signed by the President.

That legislation permits the Taoiseach (Prime Minister) and the President to sign the formal document of ratification. This should have been done on 11 December 2002 (to be confirmed). The Irish government has been very discreet about all of this....

Following signature, the ratification instrument will be sent to the Irish Embassy in Rome (because the Nice Treaty amends the Treaty of Rome which is deposited there) to be deposited with the Italian government. As all of this should happen in December 2002, the Treaty should enter into force on 1 February 2003.

Saturday, December 07, 2002

Posting will start in earnest on December 10th, 2002. Why then ? Because that date marks the 50th anniversary of the first hearing of the European Court of Justice. It was then the court of the European Coal and Steel Community - which has now expired.
Perhaps this blog will be of interest to students, academics, researchers, practitioners and a whole host of other people too.
This blog is about European Union or European Community law. It is the first one of its type.