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From 1 January 2009 Irish consumers will be able to make use of a specific procedure to pursue small claims (less than €2000) against suppliers or service providers from other EU countries, with the exception of Denmark.
The scheme is intended to simplify and reduce costs for cross-border small claims litigation in civil and commercial matters. Judgments delivered under the procedure are recognised and enforceable in Member States without the need for a declaration of enforceability. The European Small Claims procedure does not replace Ireland’s existing small claims procedures and is optional and offered as an alternative to Member States national laws. The Superior Court Rules Committee has made rules which deal with the operation of the European Order for Payment procedure within the Irish courts system.
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Wednesday, March 18, 2009 - 09:52
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The European Commission has published a proposal for a directive to further simplify reporting and publication requirements for mergers and divisions, with the aim of reducing the administrative burden on European public limited liability companies.
The Department of Enterprise, Trade and Employment is seeking comments on the proposed Directive to assist its negotiations with the European Commission. The proposal and consultation document is available on the Department’s website www.entemp.ie with 10 March 2009 as the deadline for comments.
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Wednesday, March 18, 2009 - 09:51
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The Office of the Director of Company Enforcement has issued a detailed handbook on company law issues relating to Residential Property Owners’ Management Companies. This is a self-help guide for management company directors and property owners and contains short chapters on specific company law topics relevant to multi-unit developments.
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Wednesday, March 18, 2009 - 09:51
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The Competition Authority has approved the proposed joint venture between Communicorp Group Limited and Boxer TV-Access AB. Boxer DTT Limited plans to provide multi-channel pay television service over a digital terrestrial television network to subscribers in the State.
As the joint venture falls within the media provisions of the Competition Act, 2002, it may only be put into effect if the Minister for Enterprise, Trade and Employment does not direct the Authority to carry out a full investigation within 10 days of the date of its determination. As the Authority made its determination on 13 February 2009 and the Minister has not requested a full investigation, the parties may now proceed with their transaction.
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Wednesday, March 18, 2009 - 09:50
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The national energy rating system has been extended with effect from 1 January 2009, so that all domestic properties for sale or rent are required to have a Building Energy Rating (BER), which gives a technical assessment of how energy efficient the home is. This requirement was introduced under the EU Energy Performance of Buildings Directive which requires all Member States to put a BER certification system in place on a phased basis. In Ireland the scheme came into effect for new houses in 2007 with the concluding phase for second hand homes on 1 January 2009.
A BER is obtained by the landlord or seller and is valid for 10 years. The purpose of the scheme is to assist consumers who are buying or renting to make an informed choice between available properties, having regard to a comparison of their energy rating.
Landlords and sellers of second hand homes (or agents acting on their behalf) are required to produce a copy of the BER certificate to any person expressing an interest in purchasing or taking a letting in the building. A person who contravenes these requirements commits an offence and is liable to be fined, on prosecution by the Building Control Authority in whose functional area the building is situated, a sum not exceeding €5000.
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Wednesday, March 18, 2009 - 09:49
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