Problems of enforcement of european law - Welcome


M. Michel Franck, President of the Chambre de Commerce et d’Industrie de Paris welcomed the delegates to the premises of the CCI, and expressed his thanks to Premier President Canivet, who was unexpectedly unable to attend. M. Franck stated that judicial Europe was moving forward, and that the diversity and multiplicity of European legal systems were not necessarily synonymous with disparity ; an EU judicial order was being sketched out and reinforced. He, as the representative of some 300,000 companies – all of which were potential litigants – was keen to see progress in the harmonisation of the settlement of disputes in Europe. In that respect the report which Messrs Lévi and Chaput of the CREDA were finalising would be an important tool.

Formal Opening

Judge Hascher, Conseiller à la Cour d’Appel, Paris thanked M. Franck for his words of welcome and conveyed President Canivet’s apologies for his absence.

Prof. Chaput, scientific director of the CREDA stated that he would attend the conference as an academic observer. European influences had brought about a marked change in French law, which had moved away from the traditional approach of a strict interpretation of the Code through doctrine, and towards a more regular use of case law. The CREDA had launched a study to find out more about the commercial courts that European end-users actually wanted. Provisional results so far demonstrated unambiguously that all users (whether in-house lawyers or independent lawyers) supported harmonisation in this field. Human relations were an important aspect of this, and fora such as the present one would hopefully ensure the development of a network of European judges. A questionnaire would be handed out to delegates to obtain their views and assist the CREDA’s efforts. This is attached as Appendix 2 to this Report.