Activities of Klaus-Heiner LEHNE related to 2010/2080(INI)
Legal basis opinions (0)
Amendments (6)
Amendment 5 #
Motion for a resolution
Recital F
Recital F
F. whereas, next, there is harmonisation or approximation which lends itself to certain areas where standardisation is desirable, if not essential – e.g. in the area of consumer protection, but recourse to which is limited in the AFJS; secondly, there are forward- looking projects such as the CFR which aim at achieving common legal concepts and could be of great assistance, for instance, in the case of contracts concluded via the internet; consideration should also be given to the so-called optional 28th regime as an alternative to the traditional way of harmonising legislation in specific areas,
Amendment 7 #
Motion for a resolution
Recital Fa (new)
Recital Fa (new)
Fa. whereas drafting a European Contract Law will be one of the most important initiatives for the AFSJ in the coming years and may result in a so- called optional 28th civil law regime as an alternative to the traditional way of harmonising legislation in specific areas,
Amendment 24 #
Motion for a resolution
Paragraph 9a (new)
Paragraph 9a (new)
9a. Bearing in mind the ambitious goal of the Stockholm programme to offer European training schemes to half of the judges, prosecutors, judicial staff and other professionals involved in European cooperation before 2014, and its call that for this purpose the existing training institutions in particular should be used, calls for the creation without delay of a European Judicial Academy composed of the European Judicial Training Network and the Academy of European Law to provide such training schemes in the necessary dimension;
Amendment 28 #
Motion for a resolution
Paragraph 10a (new)
Paragraph 10a (new)
10a. Welcomes the Green Paper of 1 July 2010 on policy options for progress towards a European Contract Law for consumers and businesses[1] and supports the Commission's ambitious initiative towards a European contract law instrument, that can be applied voluntarily by contracting parties; [1] COM(2010)348 final.
Amendment 35 #
Motion for a resolution
Paragraph 14a (new)
Paragraph 14a (new)
14a. Draws the Commission's attention in the field of company law as it is affected by private international law, to Parliament's resolutions of 10 March 2009 with recommendations to the Commission on the cross-border transfer of the registered office of a company (2008/2196(INI), 4 July 2006 on recent developments and prospects in relation to company law, and 25 October 2007 on the European Private Company and the Fourteenth Company Law Directive on the transfer of the company seat, and to the judgments of the Court of Justice in Daily Mail and General Trust, Centros, Überseering, Inspire Art, SEVIC Systems, and Cartesio;
Amendment 38 #
Motion for a resolution
Paragraph 14b (new)
Paragraph 14b (new)
14b. Notes that the dictum in Cartesio to the effect that, in the absence of a uniform Union law definition of the companies which may enjoy the right of establishment on the basis of a single connecting factor determining the national law applicable to a company, the question whether Article 49 TFEU applies to a company which seeks to rely on the fundamental freedom enshrined in that article is a preliminary matter which, as Union law now stands, can only be resolved by the applicable national law; further notes that the developments in the field of company law envisaged in the Treaty, as pursued by means of legislation and agreements, have not as yet addressed the differences between the legislation of the various Member States and, accordingly, have not yet eradicated those differences; observes that this evidences a lacuna in Union law; reiterates its call for this lacuna to be remedied;