Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-07-09-Speech-1-215"
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"en.20070709.22.1-215"2
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"Mr President, I should like to begin by thanking the rapporteur and also those who have contributed to the draft before us. Clearly, even partial harmonisation of provisions concerning conflict in the area of non-contractual obligations will have a positive impact on the operation of the Community’s internal market.
Harmonisation and regulation of the principles of procedure in situations arising in a cross-border context will make it possible to refer to a single legal basis common to all Member States. Cases in point include road accidents, unfair competition, environmental damage, the treatment of foreign law and infringement of personal rights.
This would undoubtedly increase certainty regarding the choice of the appropriate law and the expected outcome of conflicts. It will also facilitate recognition of court rulings. It should be emphasised, however, that the regulation is an instrument of international private law. It does not therefore harmonise the substantive law of Member States. The latter retain full autonomy. What the regulation does do is harmonise conflict with internal law. The regulation will ensure that the same national law is applied in similar cases, but will not impact on decisions concerning the cases themselves.
Mr Medina Ortega rightly pointed out that the decisions and practices of the courts will be the most important element in this area."@en1
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