New EU rules on civil liability cases

EU: EU justice ministers have agreed new rules to settle cross-border civil liability cases but failed to settle differences…

EU: EU justice ministers have agreed new rules to settle cross-border civil liability cases but failed to settle differences between states over sharing evidence in criminal cases.

Ministers also welcomed efforts by the German government to try to curb the trafficking of women during this year's World Cup, at the justice council yesterday.

Meeting in Luxembourg, ministers agreed draft legislation that aims to determine which national law should apply in civil liability cases that occur in the EU.

The legislation, which still needs the approval of the European Parliament, covers road crashes, accidents caused by defective products, unfair commercial practices, environmental damage and infringement of intellectual property rights.

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The ministers agreed that, in general, the law of the EU country where the damage occurred would be applied, unless both parties agreed to other legislation.

"It will offer greater legal certainty," said justice commissioner Franco Frattini.

The EU has been trying to agree on the text for three years. Discussions were blocked on the issue of media defamation, which ministers have now excluded from the scope of the law. In the case of media defamation, the applicable law will continue to depend on where the case is brought to justice.

EU ministers did not manage to progress a plan to establish a common European evidence warrant. This would enable member states to obtain evidence in cross- border cases based on mutual recognition. In particular, Germany is opposing elements of the proposed legislation, which will now have to be discussed at the next justice council meeting in June.

Meanwhile, the director of Europol, Max-Peter Ratzel, made a presentation to EU justice ministers on the issue of trafficking of human beings at the World Cup in Germany this summer.

Concerns have been raised in several EU countries, particularly Sweden, that thousands of young women will be trafficked to Germany - where prostitution is legal - to work in the sex trade.

In the presentation he identified the main source countries for women who are tricked, persuaded or abducted to work as prostitutes as: Albania, Bulgaria, Moldova, Romania, the Russian Federation and Ukraine. The main destination countries are Austria, Belgium, Britain, Germany, Italy and the Netherlands, Mr Ratzel told ministers.

Speaking after the meeting, Mr Ratzel said Germany was well prepared for the World Cup and he had no concerns about hooligans or forced prostitution.

"We know from our co-operation with Germany that they have prepared very accurately, they have set police networks in place, they know how to deal with this."

EU justice and interior ministers adopted a text that "welcomed the actions taken by Germany in connection with the football World Cup 2006 and Germany's readiness to report on its experience after the World Cup".

Germany has faced strong pressure from human rights groups in the run-up to the tournament over whether it is doing enough to combat trafficking. Some estimates have suggested as many as 40,000 women could be in danger of trafficking as a result of the sporting event.