More from Brussels
1 Dec 05
Extracts from the Brussels office briefing: Services Directive; foreign language service; succession and wills; Best of Scotland Week
Directive protects Master Policy
Over 1,100 amendments to the draft Services Directive faced the responsible committee of the European Parliament. Of particular concern to the legal profession was an amendment in relation to article 14(7), making it possible for professional bodies to permit certain existing compensation or guarantee funds and schemes for professional indemnity insurance – such as the Master Policy and Guarantee funds operated by the Law Society of Scotland. The Parliament also makes it clear that sector specific legislation – such as Directive 77/249 and Directive 98/5 on the temporary provision of services by lawyers and the permanent establishment of lawyers in other member states respectively – will take precedence over horizontal initiatives such as the Services Directive.
ECJ allows foreign language service
The European Court of Justice has held that a legal summons issued by the civil courts of one member state, should not be refused by the recipient resident in another member state simply on the basis that it is written in a foreign language. The court opted for a liberal interpretation of the 2000 Regulation on the service of documents in civil and commercial matters rule, stating that service can be validly effected via delivery of a summons in a foreign language, provided a translation of the summons is sent within a month and the defendant is given sufficient time to prepare a defence.
Succession and wills green paper
At a public hearing in the Parliament on the Commission’s green paper on succession and wills, the experts present broadly agreed that the applicable law in these situations should be the law of the member state in which the deceased was last habitually resident – though the UK stated that this rule must not prevent someone choosing to retain their national succession law when they move to another member state. The experts were generally in favour of the Commission’s idea of establishing an EU certificate of succession, but felt that the proposal for an EU register of wills was not necessary at present.
Best of Scotland Week
As part of the UK’s Presidency of the EU, a series of events to profile Scotland took place at the end of November, coinciding with St Andrew’s Day. The Law Society of Scotland played its part by hosting an event in Brussels to highlight and explain the Scottish justice system to EU policymakers. The seminar was organised with the Scottish Executive, and participants included MEPs and officials from the European Commission and member state governments. A leaflet was published to mark the event and is available from the Brussels office.