Retention of Title and the EC Late Payment Directive

Author:

McCormack Gerard1

Affiliation:

1. Professor of Law, University of Manchester.

Publisher

Informa UK Limited

Subject

Law

Reference62 articles.

1. The original Commission proposal was transmitted to the European Parliament and Council on 23 April 1998. As a result of the opinion of the European Parliament, adopted at first reading on 17 September 1998, the Commission transmitted an amended proposal on 30 October 1998. The Council of Ministers still had substantial reservations about the amended proposal, and adopted a “slimmed-down” common position on 29 July 1999. The European Parliament then took a position, adopted at second reading on 16 December 1999, on this common position. The Commission then delivered an opinion (8 March 2000) on the amendments proposed by the European Parliament at second reading, and attached an amended proposal which integrated the amendments that the Commission fully or partly accepted. The line advocated by the Commission more closely mirrored that of the Parliament than the Council. The differences between Parliament and Council were ultimately resolved, and a joint text approved by a conciliation committee on 4 May 2000.

2. The European Parliament/Commission also wanted provisions in the Directive dealing with public procurement but, on this matter, the opposition from the Council of Ministers carried the day.

3. The Future of Reservation of Title Clauses in the European Community

4. See, generally, an explanatory document from the Commission of the European Communities, “Report on Late Payments in Commercial Transactions” (OJ 1997 C216/10). The 1995 recommendation can be found at OJ 1995 L127/19.

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