House of Lords portcullis
House of Lords
Session 2003-04
Publications on the internet
European Union Committee Publications

European Union - Eighth Report

Here you can browse the report which was ordered by the House of Lords to be printed 30 March 2004.


CONTENTS


Terms of Reference

Abstract

Chapter 1: Introduction

The aim of the proposal

The inquiry

Involvement of the European Parliament

Chapter 2: Background and Outline of the Proposal

Private international law—choice of law rules

Private international law—Union law-making

Brussels I

Rome I

Outline of the present proposal

Scope

Universality

The basic rule

Special rules

Product liability

Unfair competition

Privacy and defamation

Environmental damage

Intellectual property rights

Other non-contractual obligations

Common rules

Public policy

Relationship with other Community law provisions

Non-compensatory damages

Chapter 3: Examination of the Proposal

The need for Rome II

Vires—the competence issue

Predictability and legal certainty

Recognition of judgments

Distortion of competition

Particular case of defamation

Political content—precedents

The political mandate

The missing link

Conclusions on vires

The practical need

Subsidiarity and proportionality

Better Regulation

Opt in—opt out

The scope of the proposal

Liability of Auditors

Trusts

Universal application

The basic rule

The special rules

Product liability

Competition law

Privacy and defamation

Internet publication

A single publication rule

A country of origin rule

Conclusions on Article 6

Environmental damage

Intellectual property rights

Other non-contractual obligations

Article 12 (overriding mandatory rules)

Article 14—rights against insurers

Protecting human rights—Public policy of the forum

Relationship with other Community instruments

Non-compensatory damages

Chapter 4: European Parliament's Proposed Amendments

Special rules

Article 3—the new displacement rule

Article 6—defamation

Other non-contractual obligations

Conclusion

Chapter 5: Conclusions and Recommendations

Recommendation to the House

Appendix 1: Sub-Committee E (Law and Institutions)

Appendix 2: List of Witnesses

Appendix 3: Relevant Reports from the Select Committee and Session 2002-03 Reports prepared by Sub Committee E

MINUTES OF EVIDENCE

Wednesday 21 January 2004

Thursday 29 January 2004

Wednesday 4 February 2004

Wednesday 11 February 2004

Wednesday 25 February 2004

WRITTEN EVIDENCE

Written Evidence




 
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