Understanding the Link between EU Case Law and ELRD Pivot Terms in Imola III Project
Explore the relationship between EU case law and ELRD Pivot Terms in the context of the Imola III project. Learn how the European Court of Justice decisions enrich the ELRD scheme by associating pivot terms with significant legal concepts, facilitating a deeper understanding of national legal institutions through case law interpretations.
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LINKING EU CASE LAW TO THE ELRD PIVOT TERMS 10thTraining Seminar IMOLA III project
IMOLA III LINKING EU CASE LAW TO THE ELRD PIVOT TERMS 10 10th thTraining Seminar IMOLA III project Training Seminar IMOLA III project ELRD is a European template to present in a uniform manner the land registry information from the member states land registries. ELRD is made up of generic terms, called in the project the Pivot terms, that are used as containers to allocate the different national land registry information. IMOLA is a tool developed by the land registry s experts in order to enable a better understanding of the land registry information presented in the ELRD , but IMOLA can not provide for deep and comprehensive knowledge of the legal institutions of the different MS
LINKING EU CASE LAW TO THE ELRD PIVOT TERMS 10 10th thTraining Seminar IMOLA III project Training Seminar IMOLA III project IMOLA III In the first stages of the project, definitions had been agreed for the pivot terms based on common minimum features. National concepts have beed placed in the box of the devoted pivot term. National concepts are explained through a definition, in most cases by definitions established in the law But since law is interpreted and applied by Courts, for a deeper knowledge of national concepts, the knowledge of the case law becomes necessary . In this final stage of the IMOLA III project the target is to enrich the ELRD scheme by creating associations between the pivot terms and the European Court of Justice (ECJ) case law.
LINKING EU CASE LAW TO THE ELRD PIVOT TERMS 10 10th thTraining Seminar IMOLA III project Training Seminar IMOLA III project IMOLA III THE TREATY ON THE EUROPEAN UNION Article 19 3.The Court of Justice of the European Union shall, in accordance with the Treaties: (a) rule on actions brought by a Member State, an institution or a natural or legal person; b) give preliminary rulings, at the request of courts or tribunals of the Member States, on the interpretation of Union law or the validity of acts adopted by the institutions; (c) rule in other cases provided for in the Treaties. In broad terms, the purpose of European Court Justice s ( ECJ) decisions is: - to solve disputes arising by the application of EU law. - to provide the national courts with an authentic interpretation about the meaning of EU concepts and how EU law applies.
LINKING EU CASE LAW TO THE ELRD PIVOT TERMS 10 10th thTraining Seminar IMOLA III project Training Seminar IMOLA III project IMOLA III PRELIMINARY QUESTION Because the scope of de ECJ is EU law, and pivot terms are devoted to contain national legal institutions It is not easy to link pivot terms to EU case law. EU LAW CONCEPTS: The terms of a provision of that law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the Union uniform interpretation throughout the Union, , having regard to the context of the provision and the objective pursued by the legislation in question. (see, inter alia, Case C-174/08 NCC Construction Danmark [2009] ECR I-10567, paragraph 24 Case C-396/09, Interedil Srl paragraph 42) an autonomous and ELRD PIVOT TERMS.- Pivots are generic concepts agreed by the national experts built upon certain minimum common features which allows to identify national concepts related to them. Pivots are not European concepts with an autonomous European meaning. Example: the term Court in the scope of succession regulation has a broader meaning in the context of the regulation that in the national legislations.
LINKING EU CASE LAW TO THE ELRD PIVOT TERMS 10 10th thTraining Seminar IMOLA III project Training Seminar IMOLA III project IMOLA III IdentificadorCase law identifier: EU:C:2018:806 Court: European Court of Justice (Second Chamber) Case: C-379/17 Societ Immobiliare Al Bosco Srl date :4 October- 2018 Abstract : Judicial co-operation in civil matters Regulation (EC) No 44/2001 Recognition and enforcement of decisions in civil and commercial matters Time limit laid down in the law of the Member State addressed for enforcing a preventive attachment order Applicability of that time limit to a preventive attachment instrument obtained in another Member State and declared enforceable in the Member State in which enforcement is sought) Decision: Article 38 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters must be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, which provides for the application of a time limit for the enforcement of a preventive attachment order, from being applied in the case of an order which has been adopted in another Member State and is enforceable in the Member State in which enforcement is sought. Link to the official website: https://curia.europa.eu/juris/document/document.jsf?text=&docid=206430&pageIndex=0&doclang=EN&mode=lst &dir=&occ=first&part=1&cid=4803412
LINKING EU CASE LAW TO THE ELRD PIVOT TERMS 10 10th thTraining Seminar IMOLA III project Training Seminar IMOLA III project IMOLA III Relevant provisions Related case law Synony mous Associate d Term Spanish Relevant paragraph/ final decision Pivot 43. in the present case, the German Land Registry cannot determine whether a time limit for enforcement is laid down in the law of the Member State in which the attachment order was delivered, or the arrangements for that enforcement; nor can it be authorised to apply a legal rule from that Member State. (judgment of 7 July 2016, Lebek , C-70/15, EU:C:2016: 524, paragraph 3 3). Registro de la Propiedad Art. 24 -1, 3-, y 5 Regulation 1215/2012 Land registry publicity/ effects/ Legal certainty/ Land registry Aplicable law/ preventive Lex registrati onis 45. As regards the objectives of Regulation No 44/2001, it is clear from recitals 2, 6, 16 and 17 thereof that it seeks to ensure the free movement judgments from Member States in civil and commercial matters by simplifying the formalities with a view to their rapid and simple recognition enforcement of and
LINKING EU CASE LAW TO THE ELRD PIVOT TERMS 10 10th thTraining Seminar IMOLA III project Training Seminar IMOLA III project IMOLA III 24.As is clear from Article 41 of Regulation No 44/2001, for the purposes of issuing the declaration as enforceability of a decision given in a Member State other than the Member State in which enforcement is sought, the authorities of the Member State in which enforcement is sought must confine themselves to a purely formal check of the documents required accordance with Article 53 of that regulation judgment of 13 October 2011,Prism investments , C-139/10, EU:C:2011: 653, paragraphs 28 to 30). Judicial decision s declaration of enforcement Declaraci n del car cter ejecutivo de la decisi n extranjera Art 41 and art. 53 Regulation 44/2001 Brussels I Judicial decision/judi cial order/ exequat ur recognitio n to the restrictions/ notice of attachment/ entitlement/ Judicial decision in Judicial document 26. It must also be recalled that Regulation No 44/2001 merely regulates the procedure for obtaining an order for the enforcement of enforceable instruments issued by a court of a Member State other than the Member State enforcement is sought, and (judgment of 28 April 2009, Apost olides, C-420/07, EU:C:2009: 271, Order for enforcement/ Preventive attachment order Orden de ejecuci n /Mandamiento anotaci n embargo Arts 38 regulation 44/2001 Section B-C Judicial decision/judi cial order/ Restrictio n Arts 35 and 39 Regulation 1215/2012 Section C restrictions/ notice of attachment/ in which
LINKING EU CASE LAW TO THE ELRD PIVOT TERMS 10 10th thTraining Seminar IMOLA III project Training Seminar IMOLA III project IMOLA III 30. It is apparent from the provisions of German law, and in particular Paragraph 932(1) of the ZPO, that a preventive attachment order is enforced through the registration of a debt-securing mortgage in the Land Register. Art. 54 regulation 1215/2012 judicial restriction/ mortgage/ Numerus clausus Adaptation Adaptacion from Judicial decision 30. Moreover, the enforcement of a preventive attachment order is not authorised after the expiry of the time limit provided Paragraph 929(2) ZPO. As is apparent from the order for reference, that time limit for enforcement restricts the enforcement of a preventive attachment order, but not its validity. Notice of precautory Attachment Anotaci n de embargo cautelar Art. 35 and 39 and 40 Entry,/ notice of attachment Adaptatio n /Applicabl e law/ for in the Restrictio ns/ of Lex registrati onis,/ entry/ land registry procedur e/ Provision al/Protect 31. Both the registration of a debt-securing mortgage with the Land Registry, and the time limit applicable completion of that registration, to the
LINKING EU CASE LAW TO THE ELRD PIVOT TERMS 10 10th thTraining Seminar IMOLA III project Training Seminar IMOLA III project IMOLA III Linking EU case law to ELRD pivots allows to achieve the following targets: -Create association relations between EU acquis and the ELRD pivots, (and through the ELRD pivots with the national concepts.) - To give information about how EU law interacts with national legislation. -Provide an example to illuminate the process of association between national case law and the national concepts loaded in the ELRD template by each MS. The final target of this action: to enrich the ELRD scheme by giving aditional information about how the Courts apply national law and interpret the national concepts included in the land registry information presented in the ELRD s template.
LINKING EU CASE LAW TO THE ELRD PIVOT TERMS 10 10th thTraining Seminar IMOLA III project Training Seminar IMOLA III project IMOLA III THANK YOU For more questions: ELRA Secretariat <secretariat@elra.eu>
