European lawBy Paul Niekirk, barrister

Competition lawThe European Commission has issued a notice (OJ C68, 2 March 2001, pp 3-10) on the 'remedies' which are acceptable to it under the Merger Regulation (Regulation (EEC) 4064/89 [1990] Gazette, 28 March, 43, as amended, and as implemented by Regulation (EC) 447/98 [1998] Gazette, 29 April, 28).

In this context, the term 'remedies' means the modifications to concentrations - in other words a company in a dominant position - which might be acceptable in relation to a notified concentration which would otherwise be regarded as contravening the restrictions in article 81 EC.Such modifications might be suggested either in the first phase of the procedure before the commission, or in the second.The notice sets out guidance on the commission's approach to such remedies in the light of its experience, but it is pointed out that the principles set out will be further developed and refined in future cases.

The notice describes the criteria on which the commission assesses the compatibility of a notified concentration with the common market (on the basis of its effect on competition), the types of remedy which may be acceptable (principally divestiture), the procedure for submitting commitments (that is modifications), and guidance on formulating commitments (including arrangements for oversight of their implementation).Court of JusticeA consolidated text of the rules of procedure of the European Court of Justice has been published at OJ C34, 1 February 2001, pp 1-37.

The text incorporates all amendments to the 1991 text of the rules, which were adopted between February 1995 and November 2000.

A consolidated text of the rules of procedure of the Court of First Instance has also been published (OJ C34, pp 39-71), incorporating all amendments to the 1991 text of the rules, which were adopted between September 1994 and December 2000.

Criminal lawThe European Council has adopted a decision on the standing of victims in criminal proceedings (Decision 2001/220/JHA, OJ L82, 22 March 2001, pp 1-4).

The decision makes provision for certain rights for the victims of criminal acts or omissions, that is individuals who have been harmed directly by such acts or omissions.

Victims should have the right to be heard and to give evidence in criminal proceedings, to be informed of appropriate victim support organisations, to be offered (where parties to the proceedings) legal aid, to be offered expenses (when parties or witnesses), and to obtain a decision within a reasonable time on compensation by the of fender.

Victims should be entitled to a suitable level of protection as regards their personal safety and their right to privacy.

Member states are called upon to promote mediation (where appropriate) and to ensure that any resulting agreement reached between the victim and the offender can be taken into account.

Most of the provisions of the decision should be implemented by national laws by 22 March 2002.

Employment lawIn 1977, the European Council adopted a directive on the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (Directive 77/187/EC).

This has been substantially amended over the years and it has now been replaced by a consolidated text, Directive 2001/23/EC (OJ L82, 22 March 2001, pp 16-20).

References to the earlier directive in other documents should (in accordance with a table of correlations) now be read as references to the new directive.MortgagesThe commission has adopted a recommendation on the pre-contractual information to be given to prospective borrowers by lenders offering home loans (Recommendation 2001/193/EC, OJ L69, 10 March 2001, pp 25-29).

For these purposes, a 'home loan' means a 'credit to a consumer for the purchase or transformation of the private immovable property he owns or aims to acquire' secured by a mortgage on the property or by a surety.

The lender would be expected to provide specified information to the borrower (for example, purposes for which loan may be applied, type of interest rate applicable, related costs), and personalised information on a 'European standardised information sheet' (for example, description of product, nominal rate of interest, annual percentage rate, amount and duration of loan), which is an integral part of a voluntary code of conduct on pre-contractual information.

Member states, which at present require additional information to be supplied to prospective borrowers, are invited to combine such additional information with that in the European standardised information sheet, and also to ensure that any additional requirements imposed on lenders from other member states are compatible with EU law.

Member states and lenders offering home loans are invited to comply with the recommendation by 30 September 2002.

Treaty of NiceThe text of the Treaty of Nice (February 2001), which amends the texts of the principal treaties and substitutes a new statute on the European Court of Justice, has been published at OJ C80, 10 March 2001, pp 1-87.

The Treaty of Nice is subject to ratification by the member states and will enter into force on the first day of the second month after the month in which the last ratification is deposited.