The Gazette 1993

GAZETTE

SEPTEMBER 1993

For thcomi ng A I J A Semi na rs AIJA, the International Association of Young Lawyers, is staging the following seminars on topics which | will be of interest to Irish lawyers. Transnational Insolvency Procedures - Montpellier, France 1/2 ! October, 1993 This seminar is of particular interest to insolvency practitioners and will be addressed by lawyers who have been involved in a number of transnational insolvencies, including the BCCI and Robert Maxwell cases. The registration fee is FF2,800 for AIJA members and FF3,200 for non- members. Recognition and Enforcement of foreign judgements - A practical Guide to the Brussels and Lugano Conventions - Elsinore, Denmark 5 - 7 November, 1993. 1968 and be aware of its practical importance for lawyers concerned with civil and commercial litigation. The single European area for jurisdictional purposes created by the Brussels Convention will soon be enlarged through the Lugano Convention to include the EFTA countries, Austria, Sweden, Norway, Iceland, Finland, and Switzerland. This seminar is designed to suit the needs and interests of lawyers who need to become familiar with the Brussels and Lugano Conventions. The registration fee is DKK3,400 for AIJA members and DKK4,500 for non-members. For further details of both seminars, contact Petria McDonnell, McCann FitzGerald, 2 Harbourmaster Place, Custom House Dock, Dublin 1, All Irish practitioners will have encountered the Brussels Convention,

particular case if, after examination it is found to be incompatible with Article 85.3. The existence of this "safety value" clause would imply that until it is invoked a block exemption affords the full protection of an individual exemption. I • Above all, the whole purpose of the block exemption system is to ensure that agreements falling within the system enjoy the same legal status and advantages as if they had been granted an individual exemption. The lines of demarcation between the jurisdiction of Community and national competition law are generally well established. One area that remains uncertain, however, is the scope for conflict between an exemption under article 85.3 of the Treaty and stricter national laws. There is one school of thought which would never exclude the scope for some independent action by national authorities. Another school, to which I would be more drawn, would emphasise how limited this scope is and would suggest the following as a practical guideline: If you are satisfied that a commercial arrangement being proposed or followed by a client: • • falls within the subject matter of an EEC Block Exemption Regulation (e.g. exclusive distribution) and meets all the conditions of that regulation • falls within the geographic jurisdiction of that regulation, - i.e. affects trade between Member States • the arrangement applies uniformly throughout the national territory and does not lend itself to any different treatment of its domestic from its "intra-Community trade" provisions without frustrating the legal protection afforded to the latter by virtue of complying with the terms of the Block Exemption Regulation then the arrangement is effectively protected from the Competition Act and there is little case for notifying it Conclusions:

to the Competition Authority. A key condition, of course, is that you have correctly interpreted the regulation in the first place. i *Denis Cagney is a solicitor practising in the firm Matheson Ormsby Prentice • References 1. See O.J. C. 85/6 1982: Commission answer to Parliamentary Question 1508/81. 2. See Kapteyn and Van Themaat; Introduction to the Law of the European Communities (1989) P.198. 3. See, for example, preliminary ruling Pronuptia case, 1986 ECR 374. j 4. See Ritter and others op cit (P.715). j 5. SeeO.J. C39 of 13.2.1993. 6. See Phillip Morris Holland BV v Commission (1980) ECR 2687. 7. See Walt Wilhelm v Bundeskartellamt, ECJ February 13, 1969. I 8. See 1984 OJ L 207/17. ! Western Lawyers | Golf Outing The next outing of the Western Lawyers Golf Society will take place on Saturday 9 October, 1993, at j

Galway Bay Golf Club. All those interested in participating should

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contact:

Michael Keane, Solicitor, Claremorris, Co. Mayo.

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Telephone:

(094)71601. (094)71977.

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Fax:

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TURKS AND CAICOS ISLANDS AND THE ISLE OF MAN Samuel McCleery

Attorney - at • Law and Solicitor at PO Box 127 In Grand Turkjurks and Calooe Islands, British West Indies and at P. O. Box 7, Castletown, Isle ol Man will be pleased to accept Instructions generally from Irish Solicitors In the formation and adminis- tration of Exempt Turks and Calcos Island Companies and Non - Resident Isle of Man Companies as well as Trust Administration G.T Office:- lei: 909 946 2818 Fax: 809 846 2819 LO.M.Offlce:- 1M: 0624 822210 Telex : 628285 Samdan Q Fax: 0624 823798

Tel: (01) 8290000, Fax: (01) 8920010.

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