This conference examined in depth what a good, balanced relationship would be for European jurisdictions between regulation and litigation, and how it can contribute to strong and competitive markets.

There has been extensive scholarly debate on ‘public and private enforcement’, which largely takes place within a series of separate silos, such as public law and private law; justice, business, consumers, competition, and individual regulated sectors; regulation, litigation and alternative dispute resolution (ADR). For the first time, this conference brought together different approaches and conversations, so as to enable a holistic view and discussion of current trends in European civil justice and EU legislative developments. A particular focus was examining how selecting the right mode of ‘enforcement’ can succeed (or fail) in incentivising compliance with rules by businesses, how self-regulatory structures can be designed so as to allow sufficient confidence. The conference brought together country and sector specialists to enable a comparative discussion and shed light on best practice examples in place across Europe.

Executive Summary

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Programme

Day 1

Tuesday, 29 January 2013

11:00

Re/insurance: creating economic value and stability for society in a rapidly changing world

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Jayne Plunkett, Member of Group Management Board, Head Casualty Reinsurance Division, Swiss Re

11:15

Opening keynote
Andreas Schwab, Member of the European Parliament

11:45

12:00



12:30

Setting the stage

Lessons learnt and problems to avoid: a business perspective

PDF 541kB


Renata Jungo Brüngger, Chefsyndika Daimler AG, Stuttgart

Designing a holistic balanced legal system

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Christopher Hodges, Head of the CMS Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, University of Oxford

The origins and roles of class action laws across the world: what types of problem do they deal with, and what safeguards do they have?

PDF 373kB


Rebecca Money-Kyrle, Post-doctoral Researcher, Centre for Socio-Legal Studies, University of Oxford

14:00 - 15:40

Mechanisms for resolving mass problems: class actions, alternative dispute resolution (ADR) and regulation

Chair: Arundel McDougall, CEO, European Justice Forum, Brussels

Germany: The KapMuG story: failure of the Deutsche Telekom collective action Axel Halfmeier, Professor of Civil Law, Comparative Law and International Private and Procedural Law, Leuphana Universität Lüneburg

Spain: The limited impact of class actions and the impact of regulators

PDF 341kB


Alejandro Ferreres Comella, Attorney, Uria Menendez

Sweden: The limited impact of class actions, the extensive use of the ARN and ADR system

PDF 314kB


Andreas Joersjö, Hammarskjöld & Co.

Poland: Lack of transparency in judgments, and lack of confidence in judges and the limited impact of the Class Action Act

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Magdalena Tulibacka, Visiting Research Fellow, Centre for Socio-Legal Studies, University of Oxford

Questions & discussion

16:40 - 18:00

Chair: Arundel McDougall, CEO, European Justice Forum, Brussels

The Netherlands: The settlement approach: the Geschillencommissie system and the Class Action Settlement Act

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Ianika Tzankova, Professor, Tilburg University

Belgium: Mass compensation in criminal proceedings and the Belmed consumer ADR

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Stefaan Voet, Research and Teaching Assistant, Ghent University

UK: The limited impact of group actions, use of case management, and shift towards self-regulation and regulatory solutions
Christopher Hodges, Head of the CMS Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, University of Oxford

Questions & discussion

18:30

Wrap up day one
Christopher Hodges, Head of the CMS Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, University of Oxford

19:30

Dinner keynote by Prof. Burkhard Hess, Executive Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Day 2

Wednesday, 30 January 2013

09:00 - 09:30


09:00 - 09:50


09:50


 

The Danish regulatory system and the use of soft and hard law in the enforcement of consumer protection legislation

PDF 459kB


Henrik Øe, Danish Consumer Ombudsman, Copenhagen: How to achieve compliance

Compliance in Health & Safety

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Mark Tyler, Salutaris Legal Services Ltd., Reading UK

 Panel Discussion

11:00

Questions & Discussion

11:45

Implications & solutions

Panel discussion: solutions for business

Chair: Anders Stenlund, Director, Legal Affairs, Confederation of Swedish Enterprise

Panellists:

  • Lorenz Ködderitsch, Assistant General Counsel, Johnson & Johnson
  • Anke Sessler, Chief Counsel Litigation, Siemens AG
  • Kaarli Eichhorn, Senior Counsel, European Competition Law, Government Affairs and Policy, General Electric Company

14:00

Panel discussion: implications for insurance and reinsurance

Chair: Rick Perdian, Senior Business Development Manager, Swiss Re

Panellists:

  • Robert W. Hammesfahr, Executive Claims Counsel, Swiss Re
  • Leonard Böhmer, Partner, CMS Derks Star Busmann
  • Ken Oliphant, Director, Institute for European Tort Law (Austrian Academy of Sciences), Vice-Director of ECTIL
  • Sebastian Stolzke, Zurich Insurance Group
  • Wolfgang Winter, Allianz SE

15:30












 

 

Conclusions: What are the best techniques and combination of techniques, to deliver clear rules, optimal compliance and rectification of imbalances?

Panel discussion

Chair: Christopher Hodges, Head of the CMS Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, University of Oxford

Panellists:

  • Stephen Burbank, David Berger Professor for the Administration of Justice, University of Pennsylvania Law School
  • Lorenz Ködderitzsch, Assistant General Counsel, Johnson & Johnson, and Chairman, European Justice Forum
  • Jacqueline Minor, Director for Consumer Affairs, European Commission

General discussion & chair’s wrap up: a fresh perspective on the legal system in the EU market