Local view for "http://purl.org/linkedpolitics/eu/plenary/2010-09-07-Speech-2-125"
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"en.20100907.24.2-125"2
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"Mr President, Mr Zwiefka’s report reflects a great deal of skill and a considerable amount of work in the researching of existing legislation, international conventions – particularly the Hague Convention – and case-law, of which certain aspects, it really must be said, are, at times, contradictory.
In reality, however, this report solves only part of the problem. If there is one area in which European legislation has complete legitimacy, it is the harmonisation not of substantive law, which would result in the standardisation of law across all the Member States, but of the rules governing conflicts of jurisdiction – primarily so as to know which court has jurisdiction – and, secondly, of the rules governing conflicts of laws; in other words, establishing which law applies.
Which law applies in the case of contracts, including when people are located in different places? In the case of property, whether immovable, movable or intangible – which is what industrial property is? In the case of contracts, even where the contracting parties are located in different places?
All this must be regulated, Mr President, by a European code. Until we have this European code of private international law, we will face considerable difficulties. This report has the merit of partially solving them where the exequatur is concerned."@en1
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