ietl vox n°6 july 2015 o idec vooxo - melchiorregioia.it€¦ · ietl vox n°6 july 2015 ietl vox...

5
Dear members of the Institute, The 2/2015 edition of our Institute news- letter VOX offers me the opportunity to invite you all to attend this year’s Euro- pean Traffic Law Days on 8 and 9 Octo- ber 2015. This year, our “core” event will take place in the beautiful Pearl of the Danube, Budapest. This new location is intended as a signal and an invitation to our members and professional public in Eastern Europe to bring their queries and suggestions with respect to the develop-ment of European traffic and insurance law to the fore. Please find the schedule of the confe- rence further down in this newsletter. As a member, you can take advantage of an early bird discount on the conference fee if you register by 31 July (attendance is limited to 200). I can tell you that inte- rest in this event has already been ex- tra-ordinary. O O O O O V X Institute for European Traffic Law 75, rue de Mamer L-8081 Bertrange Phone: +352 26311204 Fax: +352 26311206 E-mail: [email protected] www.ietl.org IETL VOX N°6 July 2015 Then I would like to inform you of changes in the administrative team of the Institute: I must inform you that Ms Claudine Frantzen, the heart and soul of the Institute’s administration re-tired as of May 2015. Ms Frantzen has been with our Institute since its relocation to Luxem-bourg in 2011, helping to orga- nise its administration. As the President, together with the Insti-tute’s Board of Di- rectors, I wish to thank Ms Frantzen for her excellent work and wish her all the best for her future of which she can now dedicate more to her family again. I shall inform you on her successor in the admi- nistration in the very near future. Dr Wolfgang Resch, the Executive Di- rector of our corporate member PEOPIL, has kindly offered to charge himself in the interim with the organisation of the 2015 European Traffic Law Days. The Board of Directors and I would like to thank him sincerely. I hope you will enjoy reading the inte- resting news in VOX and look forward to meeting you all in Budapest in October. With kind regards Dr Hélène Béjui-Huges, IETL President Dr Hélène Béjui-Hugues President of the IETL IDEC INSTITUTE FOR EUROPEAN TRAFFIC LAW IDEC INSTITUTE FOR EUROPEAN TRAFFIC LAW

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Page 1: IETL VOX N°6 July 2015 O IDEC VOOXO - melchiorregioia.it€¦ · IETL VOX N°6 July 2015 IETL VOX N°6 July 2015 European Traffic Law News Recent court rulings on admitting dashcam

HISTORY

IDEC was created in 2003, in Trier

(Germany) by former MEP Willi Rothley, the

father of the 4th MID

The foundation members were the ADAC,

the Council of Bureaux, National Insurance

Associations, lawyers and insurers.

The Institute was then transferred in 2009

to Luxembourg. It currently has around 200

private and corporate members from about

15 European countries.

It is a melting pot of major European

stakeholders in the field of European

Contract and Tort Law, such as Associations

for victims, Lawyers, Professors of Law,

National Insurer’s Bureaux, National

Insurance Associations, and Reinsurers.

The Institute is unique in its form and totally

independent.

IDECI n S T I T u T e f O R e u R O p e a n

T R a f f I c L a w

RecOmmendaTIOnS

Recommendation on medical

experts’ opinions : towards a common

metholodology on the assessment of

personal injuries in the EU.

Recommendation on a better compensation

of victims of cross-border road traffic

accidents

For more information see website:

http://idec.lu

IDECI n S T I T u T e f O R e u R O p e a n

T R a f f I c L a w

Institute for European Traffic Law

75, rue de Mamer

L-8081 Bertrange

Tel: +352 26311204

Fax: +352 26311206

E-mail: [email protected]

I would like to join the Institute as individual member (€ 150) or corporate member (€ 1 300) for my annual membership.

Payment method: by cheque payable to IDEC asbl or by bank transfer to: IBAN: LU38 0019 3655 1153 8000 BIC BCEELULL

Date:

Name(Dr) (Mr) (Mrs) (Ms):

Signature:

Address:

City:

Country:

Zip:

Phone:

Email:

YOuR BenefITS

> Exclusive access to online conference documentation

on the Institute’s website.

> 20% discount on the fee for the European Traffic Law

days

> Regular networking opportunities with colleagues from

the European legal community.

> Automatic subscription to the IETL Newsletter VOX

Doc_idec.indd 1-2 02/10/2014 15:06

Dear members of the Institute,

The 2/2015 edition of our Institute news-letter VOX offers me the opportunity to invite you all to attend this year’s Euro-pean Traffic Law Days on 8 and 9 Octo-ber 2015. This year, our “core” event will take place in the beautiful Pearl of the Danube, Budapest.

This new location is intended as a signal and an invitation to our members and professional public in Eastern Europe to bring their queries and suggestions with respect to the develop-ment of European traffic and insurance law to the fore.

Please find the schedule of the confe-rence further down in this newsletter. As a member, you can take advantage of an early bird discount on the conference fee if you register by 31 July (attendance is limited to 200). I can tell you that inte-rest in this event has already been ex-tra-ordinary.

OOOOOV X

Institute for European Traffic Law75, rue de MamerL-8081 Bertrange

Phone: +352 26311204Fax: +352 26311206E-mail: [email protected]

www.ietl.org

IETL VOX N°6 July 2015

Then I would like to inform you of changes in the administrative team of the Institute: I must inform you that Ms Claudine Frantzen, the heart and soul of the Institute’s administration re-tired as of May 2015. Ms Frantzen has been with our Institute since its relocation to Luxem-bourg in 2011, helping to orga-nise its administration. As the President, together with the Insti-tute’s Board of Di-rectors, I wish to thank Ms Frantzen for her excellent work and wish her all the best for her future of which she can now dedicate more to her family again. I shall inform you on her successor in the admi-nistration in the very near future.

Dr Wolfgang Resch, the Executive Di-rector of our corporate member PEOPIL, has kindly offered to charge himself in the interim with the organisation of the 2015 European Traffic Law Days. The Board of Directors and I would like to thank him sincerely.

I hope you will enjoy reading the inte-resting news in VOX and look forward to meeting you all in Budapest in October.

With kind regardsDr Hélène Béjui-Huges, IETL President

Dr Hélène Béjui-Hugues President of the IETL

HISTORY

IDEC was created in 2003, in Trier

(Germany) by former MEP Willi Rothley, the

father of the 4th MID

The foundation members were the ADAC,

the Council of Bureaux, National Insurance

Associations, lawyers and insurers.

The Institute was then transferred in 2009

to Luxembourg. It currently has around 200

private and corporate members from about

15 European countries.

It is a melting pot of major European

stakeholders in the field of European

Contract and Tort Law, such as Associations

for victims, Lawyers, Professors of Law,

National Insurer’s Bureaux, National

Insurance Associations, and Reinsurers.

The Institute is unique in its form and totally

independent.

IDECI n S T I T u T e f O R e u R O p e a n

T R a f f I c L a w

RecOmmendaTIOnS

Recommendation on medical

experts’ opinions : towards a common

metholodology on the assessment of

personal injuries in the EU.

Recommendation on a better compensation

of victims of cross-border road traffic

accidents

For more information see website:

http://idec.lu

IDECI n S T I T u T e f O R e u R O p e a n

T R a f f I c L a w

Institute for European Traffic Law

75, rue de Mamer

L-8081 Bertrange

Tel: +352 26311204

Fax: +352 26311206

E-mail: [email protected]

I would like to join the Institute as individual member (€ 150) or corporate member (€ 1 300) for my annual membership.

Payment method: by cheque payable to IDEC asbl or by bank transfer to: IBAN: LU38 0019 3655 1153 8000 BIC BCEELULL

Date:

Name(Dr) (Mr) (Mrs) (Ms):

Signature:

Address:

City:

Country:

Zip:

Phone:

Email:

YOuR BenefITS

> Exclusive access to online conference documentation

on the Institute’s website.

> 20% discount on the fee for the European Traffic Law

days

> Regular networking opportunities with colleagues from

the European legal community.

> Automatic subscription to the IETL Newsletter VOX

Doc_idec.indd 1-2 02/10/2014 15:06

HISTORY

IDEC was created in 2003, in Trier

(Germany) by former MEP Willi Rothley, the

father of the 4th MID

The foundation members were the ADAC,

the Council of Bureaux, National Insurance

Associations, lawyers and insurers.

The Institute was then transferred in 2009

to Luxembourg. It currently has around 200

private and corporate members from about

15 European countries.

It is a melting pot of major European

stakeholders in the field of European

Contract and Tort Law, such as Associations

for victims, Lawyers, Professors of Law,

National Insurer’s Bureaux, National

Insurance Associations, and Reinsurers.

The Institute is unique in its form and totally

independent.

IDECI n S T I T u T e f O R e u R O p e a n

T R a f f I c L a w

RecOmmendaTIOnS

Recommendation on medical

experts’ opinions : towards a common

metholodology on the assessment of

personal injuries in the EU.

Recommendation on a better compensation

of victims of cross-border road traffic

accidents

For more information see website:

http://idec.lu

IDECI n S T I T u T e f O R e u R O p e a n

T R a f f I c L a w

Institute for European Traffic Law

75, rue de Mamer

L-8081 Bertrange

Tel: +352 26311204

Fax: +352 26311206

E-mail: [email protected]

I would like to join the Institute as individual member (€ 150) or corporate member (€ 1 300) for my annual membership.

Payment method: by cheque payable to IDEC asbl or by bank transfer to: IBAN: LU38 0019 3655 1153 8000 BIC BCEELULL

Date:

Name(Dr) (Mr) (Mrs) (Ms):

Signature:

Address:

City:

Country:

Zip:

Phone:

Email:

YOuR BenefITS

> Exclusive access to online conference documentation

on the Institute’s website.

> 20% discount on the fee for the European Traffic Law

days

> Regular networking opportunities with colleagues from

the European legal community.

> Automatic subscription to the IETL Newsletter VOX

Doc_idec.indd 1-2 02/10/2014 15:06

Page 2: IETL VOX N°6 July 2015 O IDEC VOOXO - melchiorregioia.it€¦ · IETL VOX N°6 July 2015 IETL VOX N°6 July 2015 European Traffic Law News Recent court rulings on admitting dashcam

IETL VOX N°6 July 2015 IETL VOX N°6 July 2015

European Traffic Law News

Recent court rulings on admitting dashcam evidence in court

In a case brought before the Heilbronn Landgericht (regional court), the plaintiff introduced video footage recorded with the dashcam installed in the plaintiff’s car as evidence of the opposing party’s contributory negligence. The court gave its ruling on 3 February 2015 (case I 3 S 19/14). The court denied admission of the video evidence since the circum-stances of the incident did not justify an overriding interest of the plain-tiff in the preservation of evidence as would an emergency or imminent danger.

In a ruling of 20 January 2015, the Nienburg Amtsgericht (local court) was the first court to deal with the admissibility of dashcam footage as evidence in a criminal procedure (case 4 DS 520 Js 39473/14 (155/14)) The defendant was charged and found guilty of coercion, endangering road traffic (dan-gerous driving) and insult. The plaintiff’s dashcam recording documented the events. When the defendant had driven up too close to the plaintiff’s vehi-cles, the latter had ac-tivated the dashcam and turned it off when both vehicles had stopped on a parking lot five minutes later.

In the opinion of the court, no privacy or data security considerations stood against allowing the video evidence, since the enabling requirement of Section 28(1)(2) of the German Fed-eral Data Protection Act (BDSG) was met. Duly considering the parties’ interests, in this case the plaintiff’s interest in preserving evidence by recor-ding the events overrode the defend-ant’s interest in informational self-determination. The decisive point was the relative brevity of the eventdriven recording showing the two vehicles.

The recorded evidence was all the more important since the evidence from the witnesses was inconclusive and there was no other evidence of the events. And finally, in respect of the principle of proportionality, admitting the video evidence was warranted by the progress of the criminal trial to that stage, the defendant being very likely to face a prison sentence and loss of driving privileges on the basis of lacking fitness for driving.

This confirms a tendency in German case law to limit the admissibility of dashcam evidence in court.

Collection of parking fees

For some time now, German and Austrian law offices have been trying to collect par-king fees in cities in Croatia (e.g. Opatija, Pula, and Zagreb) from German and Aus-trian motorists. The law offices invoke ap-pointments by commercial enterprises (such as Pula Parking) from the Croatian towns. Under Croatian law, non-payment of parking fees or exceeding the allowed parking dura-tion may be subject to civil penalties.

To our knowledge, none of the law offices appointed with the collection of the monies have initiated judicial summonses in Ger-many to date. In some cases, the German lawyers have offered minor discounts on their hefty lawyers’ fees in a reminder letter to entice the vehicle holders to make pay-ment.

Recently, there has been a new tendency in the collection proceedings: When the Ger-man law office is unable to collect parking fees from Croatia directly from the German residents, they refer the cases back to the respective commercial enterprise in Croatia (e.g. Pula Parking). Then, by appointment of the parking operator, a Croat Notary Public from Pula/Croatia writes to the German vehicle holders in cause invoking a nota-rial writ of execution, demanding payment of the monies due. By that time , the claim may have risen to €285, if the sum is paid. In case of non-payment, the Notary Public threatens to execute the alleged amount receivable of €350.

The notarial writ of execution mentions the possibility of appeal/objection in quadrupli-cate within eight days of receipt. In specific cases, Croatian procedural law allows for the instrument of a notarial writ of execution.

Notarial writs of execution must be objected to within eight days. Failure to respond to such writs of execution opens the avenue to direct execution. To have evidence of timely compli-ance, the appeal/objection must be sent by registered mail/return receipt. Under Croatian procedural law, posting the letter (i.e. the post mark) is decisive for com-pliance with a re-sponse deadline. If in the specific situation, the objection can be made that the car owner/holder did not drive the car when it was unlawfully parked and was not therefore the partner in the parking agreement because the owner/hol-der never actually used the parking facility, this objection should made explicitly. Where possible, in their objection the German motorist should offer evidence that another driver used the car on that specific day or that the owner/holder could not have been at the location in question at the time (e.g. affidavits from employers, sworn testimonies from witnesses etc.)In the judicial procedure, the burden of proof lies with the plaintiff (e.g. Pula Parking). To ob-tain payment, the parking operators must prove that the driver was the defaulting partner to the parking agreement.

Where applicable, we also recommend citing the statute of limitations.

Finally, the motorists’ objection should challenge the Notary Public’s jurisdiction for his or her writ of execution on the grounds that the defendant does not reside or own property in Croatia. The applicant should move for the complete dismissal of the writ of execution.

Cross-border enforcement of traffic offences

EU Directive 2015/413 on the cross-border enforcement of road-safety-related traffic offences (OJ EU L 68 of 13 March 2015, p. 9ff.) facilitates a more effective cross-border ex-change of owner/holder data in certain traffic offences (e.g. speed violations) and an optimi-sation of information on those responsible for the traffic offences. In its original version, the Directive entered into force in 2011 (2011/82/EU). However, by virtue of an ECJ decision of 6 May 2014 (case C-43/12) a new text had to be adopted on an amended legal basis. The European Parliament and Council had originally selected Article 87(2) of the TFEU covering police cooperation as the legal basis. After action was brought by the EU Commission, the European Court of Justice found in its above judgment that Article 91(1)(c) of the TFEU, covering issues of road safety, was the correct legal basis for the Directive. Consequently, the legal basis for the Directive had to be amended. What is more, the new legal basis of the Directive now implies an extended area of application: Denmark, the UK or Ireland can no longer avail themselves of their opt-outs with respect to the subject matter of Art. 87 of the TFEU and so are obliged to implement the Directive in national law. The three countries now have a grace period until 2017 to implement the Directive.

Page 3: IETL VOX N°6 July 2015 O IDEC VOOXO - melchiorregioia.it€¦ · IETL VOX N°6 July 2015 IETL VOX N°6 July 2015 European Traffic Law News Recent court rulings on admitting dashcam

IETL VOX N°6 July 2015 IETL VOX N°6 July 2015

> 16th European Traffic Law Days > Program > Program

Thursday 8th October 201508:00 - 09:00

09:00 - 09:15

09:15 - 09:30

09:30 - 10:00

10:00 - 10:45

10:45 - 11:15

11:15 - 12:15

12:15 - 13:15

13:15 - 13:30

13:30 - 15:30

15:30 - 16:00

16:00 - 18:00

19:30

09:00 - 09:30

09:30 - 11:00

11:00 - 11:30

11:30 - 13:00

11:30 - 12:00

12:00 - 12:40

12:40 - 13:00

13:00 - 13:15

13:15 - 13:30

13:30

Registration of attendants

Welcome and introduction to the 16th European Traffic Law Days 2015IETL President: Dr Hélène Béjui-Hugues

Welcome address from a Hungarian personality–N.N

“UN Road Users’ Charter (road users’, especially acci-dent victims’ rights)” (Follow-up)Eva Molnar UNECE, Geneva/Dr Martin Metzler, lawyer, President NBI & NGF

ITS – Intelligent vehicles (follow-up of 2014 workshop + perspectives)– Driver liability and product liability– Inclusion of the issue of access to vehicle data?– Amendment of the Vienna Convention on Road Traffic Moderator: Dr Tibor S. Pataki, Panellists: GDV, Berlin

Coffee break

“Hot issues in European transport and traffic law”Oskar Riedmeyer, lawyer specialising in traffic law, President of the Transport Committee of the German Bar Association (DAV), Munich

Lunch break/stand-up buffet

Introduction to the subject matter of Module I: “Is an update to the codified motor insurance directive required?”Oskar Riedmeyer, lawyer

Module IModerator: Oskar Riedmeyer, lawyer,“Is an update to the codified motor insurance directive required?”Clarifications + review of the motor insurance directives/implementation in the Member States, statute of limitations, etc.

Coffee break

Workshops

Workshop 1

“Settlement of fatal accident claims”Moderator: Paul Kuhn, PEOPIL President Participants: Bernd Höke, lawyer (Germany), Dr. Tibor Pataky, lawyer (Hungary), Dr. Michael Pichler, lawyer (Italy), Rudjer Anic, lawyer (Croatia), Hans-Peter Fischer, lawyer (Austria)The workshop will cover: Maintenance, „damages for grief“ (pretium doloris), focus: Southeastern Europe (incl. Italy) etc.

Workshop 2

“Road tolls for passenger cars in Europe”Moderator: Mag. Josef Schörghuber, AVUS Participants:Magdalena Eckersdorf, lawyer, PolandDr. Otto Csurgo, lawyer, HungaryMag. Martin Hoffer, ÖAMTC ViennaDr. Thomas Thiede, ECTIL Vienna

– Comparative presentation of several countries– Punitive sanctions against road toll offenders and cross-border enforcement – Greater liability of road operators for injuries/losses sus-tained by road users

Reception/dinner at the hotel

Presentation of the workshop results and discussionModerator: Paul Kuhn, lawyer

Module II

“Findings of trauma biomechanics and accident analy-sis with a view to preventing severe road accidents”

Moderators: Dr Martin Metzler, lawyer and Alessandro Sebastiani, Head of Special Projects and International Relationships Multiserass, Milan

Paper by Dr Wolfram Hell, MD, head of the medi-cal-biomechnical accident analysis unit at the Institute for

Forensic Pathology at the LMU University of Munich. Discussion group: Dr Giovanni Cannavò (Italy), medical specialist, President of the Melchiorre Gioia Association and Dr Carlos Sauca, Barcelona, member of CEREDOC.

Coffee break

Module III

“Settlement of international claims”Moderators: Holger Backu, lawyer and CEO Intereurope AG, Düsseldorf, and Jean-Pierre Telloli, President Bureau Central Français, Paris

Issue in focus: “Mobility flows out of and towards Cen-tral, Eastern and Southeastern Europe – impact on the settlement of international claims”

Position and influence of the Council of Bureaux:– Implementation of the Green Card rules– Professional training and continuing education, transfer of knowledge– Financial stability and punitive sanctions– Re-insuranceMs Greet Floré, Secretary General of the Council of Brussels; Marc Henry, re-insurance consultant with the Council of Bureaux, Brussels

Green Card and 4th Motor Insurance Directive Claims in the UK and Italy: Indemnity law, claims handling prac-tice, protection of the victims of road traffic accidents and defending the best interests of foreign insurers.Simon Ball, solicitor, London, UK Laura Agopyan, Avvocato (Solicitor) and Managing Director of InterEurope Italy, Milan.

“Direct settlement of non-pecuniary losses in the EU?“Mr Philippe Casaert, France

Discussion

Closing remarks by the IETL President

End of conferenceStand-up luncheon

Friday 9th October 2015

Page 4: IETL VOX N°6 July 2015 O IDEC VOOXO - melchiorregioia.it€¦ · IETL VOX N°6 July 2015 IETL VOX N°6 July 2015 European Traffic Law News Recent court rulings on admitting dashcam

HISTORY

IDEC was created in 2003, in Trier

(Germany) by former MEP Willi Rothley, the

father of the 4th MID

The foundation members were the ADAC,

the Council of Bureaux, National Insurance

Associations, lawyers and insurers.

The Institute was then transferred in 2009

to Luxembourg. It currently has around 200

private and corporate members from about

15 European countries.

It is a melting pot of major European

stakeholders in the field of European

Contract and Tort Law, such as Associations

for victims, Lawyers, Professors of Law,

National Insurer’s Bureaux, National

Insurance Associations, and Reinsurers.

The Institute is unique in its form and totally

independent.

IDECI n S T I T u T e f O R e u R O p e a n

T R a f f I c L a w

RecOmmendaTIOnS

Recommendation on medical

experts’ opinions : towards a common

metholodology on the assessment of

personal injuries in the EU.

Recommendation on a better compensation

of victims of cross-border road traffic

accidents

For more information see website:

http://idec.lu

IDECI n S T I T u T e f O R e u R O p e a n

T R a f f I c L a w

Institute for European Traffic Law

75, rue de Mamer

L-8081 Bertrange

Tel: +352 26311204

Fax: +352 26311206

E-mail: [email protected]

I would like to join the Institute as individual member (€ 150) or corporate member (€ 1 300) for my annual membership.

Payment method: by cheque payable to IDEC asbl or by bank transfer to: IBAN: LU38 0019 3655 1153 8000 BIC BCEELULL

Date:

Name(Dr) (Mr) (Mrs) (Ms):

Signature:

Address:

City:

Country:

Zip:

Phone:

Email:

YOuR BenefITS

> Exclusive access to online conference documentation

on the Institute’s website.

> 20% discount on the fee for the European Traffic Law

days

> Regular networking opportunities with colleagues from

the European legal community.

> Automatic subscription to the IETL Newsletter VOX

Doc_idec.indd 1-2 02/10/2014 15:06

> Tidbits of information> 16th European Traffic Law Days

16th European Traffic Law Days in Budapest 8 and 9 October 2015

HISTORY

IDEC was created in 2003, in Trier

(Germany) by former MEP Willi Rothley, the

father of the 4th MID

The foundation members were the ADAC,

the Council of Bureaux, National Insurance

Associations, lawyers and insurers.

The Institute was then transferred in 2009

to Luxembourg. It currently has around 200

private and corporate members from about

15 European countries.

It is a melting pot of major European

stakeholders in the field of European

Contract and Tort Law, such as Associations

for victims, Lawyers, Professors of Law,

National Insurer’s Bureaux, National

Insurance Associations, and Reinsurers.

The Institute is unique in its form and totally

independent.

IDECI n S T I T u T e f O R e u R O p e a n

T R a f f I c L a w

RecOmmendaTIOnS

Recommendation on medical

experts’ opinions : towards a common

metholodology on the assessment of

personal injuries in the EU.

Recommendation on a better compensation

of victims of cross-border road traffic

accidents

For more information see website:

http://idec.lu

IDECI n S T I T u T e f O R e u R O p e a n

T R a f f I c L a w

Institute for European Traffic Law

75, rue de Mamer

L-8081 Bertrange

Tel: +352 26311204

Fax: +352 26311206

E-mail: [email protected]

I would like to join the Institute as individual member (€ 150) or corporate member (€ 1 300) for my annual membership.

Payment method: by cheque payable to IDEC asbl or by bank transfer to: IBAN: LU38 0019 3655 1153 8000 BIC BCEELULL

Date:

Name(Dr) (Mr) (Mrs) (Ms):

Signature:

Address:

City:

Country:

Zip:

Phone:

Email:

YOuR BenefITS

> Exclusive access to online conference documentation

on the Institute’s website.

> 20% discount on the fee for the European Traffic Law

days

> Regular networking opportunities with colleagues from

the European legal community.

> Automatic subscription to the IETL Newsletter VOX

Doc_idec.indd 1-2 02/10/2014 15:06

The European Traf fic Law Days are organised by the Institute for European Traffic Law, a Luxembourg-based association consisting of eminent European traf fic law experts and dedicated to the study, improvement and further development of the laws relating to mobility in Europe. The Institute is a forum attracting the interest groups most directly concerned by traf fic law, thus giving the conference topics that its members have selected together particular relevance for the development of traffic law in Europe.

The swift, often uncoordinated and unpredictable trends in the compensation of consequential or indirect personal injury have resulted in motor vehicle insurers in many coun-tries being faced with serious financial challenges, in particular with respect to the compensation of close relatives. A comparative legal analysis and a clear determination of the underlying principles will be of assistance to all practitioners in this field in identifying and implementing possible developments and finding where their limits lie.

Other questions of major practical relevance in claims settlement in Europe are data protection and combating fraud. Only an international approach can produce reliable solutions to these problems.

Equally important in practical and nancial terms are issues of privateinternational law in the case of cross-border traf fic accidents. The application of the underlying legal bases (Rome II or The Hague conventions on traf fic accidents) in practice often results in major dif ficulties, given that the habitual residence of those involved in the accident is difficult to establish. The intention here will be to identify possible solutions based on an international analysis of the problems.

Speakers of the highest calibre will make their presentations on currentdevelopments and issues, putting forward solutions and possible improvements, which after discussion among conference participants can, inasmuch as these represent the positions of the Institute in the eld of national and European legislation, justice, administration and practical application, offer signi cant inputs to further development of the law.

The European Traffic Law Days to help traffic law in Europe progress!

Institute for European Traffic LawAddress: 75, rue de Mamer L-8081 BertrangeBy post: B.P. 29 L-8005 BertrangePhone: +352 26311204Fax: +352 26311206 Email: [email protected]: www.ietl.org

Venue: DANUBIUS HEALTH SPA RESORT & GRAND HOTEL MARGITSZIGET ****SUPERIORAddress: H-1007, Budapest, MargitszigetFax: +36 1 889-4989 Tel: +36 1 889-4779Web: www.danubiushotels.com

Languages:English, French, German, Hungarian

Reception:on 8th and 9th October as from 8:00 o’clock

Timetable of the congress:8th oct 9:00 – 18:00 / 9th oct 9:00 – 13:30

Registration:Via registration form to download from IETL Internet site: www.idec.lu

Enrolment fees:Non-members ..................................................................790 €+ 3 % VAT

Members of the IETL (membership fee paid at 30/6/15) ..............690 €+ 3 % VAT (Individual members and employees of corporate members) Members of the IETL (membership fee paid at 30/6/15) ..............590 €+ 3 % VAT (Individual members and employees of corporate members)

REGISTRATION BEFORE 31/7/2015

This price includes: -Participation at the panels and the workshops;-Documents and presentations-Coffee breaks and lunch-Cocktail / Dîner on 8th October at the hotel

Accomodation: at the congress hotel or in a hotel at the near surroundings.Reservation phone: +36 1 889 4752, Reservation fax: +36 1 889 4988E-mail: [email protected]

Transport: by plane - arriving airport Budapest* Taxi circa 45 min by train - arriving at Railway station Budapest Keleti Palyaudvar* Taxi circa 25 min.

Secretariat:Dr Wolfgang RESCHMob : +352 621 139 955Email: [email protected]

IETL VOX N°6 July 2015 IETL VOX N°6 July 2015

Workshops

“Settlement of fatal accident claims”Moderator: Paul Kuhn, PEOPIL President Participants: Bernd Hoeke (Germany), Dr. Tibor Pataky (Hungary), Michael Pichler (Italy), Rudjer Anic (Croatia), Hans-Peter Fischer (Austria)Based on a selection of cases (accidental death of an employee, a self-employed per-son and a trainee), the panellists will outline the claims the respective heirs can make in the various countries. Workshop attendants will obtain information on the situations in Germany, Italy, Croatia, Austria and Hungary. The workshop will show the great necessity of working towards a legal framework which would allow clai-mants in the different countries to claim at least the same heads of damages.

“Road tolls for passenger cars in Europe”Moderator: Josef Schörghuber, Mag., AVUS, Graz For the first time, a workshop at the European Traffic Law Days will be dedicated to the topic of passen-ger car tolls on European roads. For millions of road users from all across Europe, this has been a pressing issue. Ever since Germany announced the introduction of an “infrastructure charge” starting next year, it has also become a politi-cal issue on the Eu-ropean transport agenda. It is very likely that the ECJ will look into the conformity of the German scheme with EU law. The workshop will present various systems avai-lable – mileage-based and time-based (the so-called Vignettes). The workshop will also look into ap-proaches to harmonisation in Europe. What about the cross-border enforcement of road toll infringements? Can the collection of a road toll establish a qua-si-contractual relation between the users and road operators responsible for road maintenance? Could the latter be held liable for injuries or losses from ac-cidents caused by wildlife or snow and ice? Rel-evant case law will be discussed.

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“UN Road Users’ Charter (road users’, especially accident victims’ rights)” (Follow-up)Eva Molnar UNECE, Geneva/Dr Martin Metzler, lawyer, President NBI & NGF Zurich

The topic of a possible future UN road users’ charter was discussed during the two previous IETL annual conferences. This year’s conference, the 16th European Traffic Law Days 2015 in Budapest will address the status quo of this project. The IETL plans to submit to the UN road traffic subcommittee in Geneva a proposal for a future UN Charter.The first draft of the future UN charter’s first chapter is an attempt to summarise the two comprehensive Vien-na UN conventions, namely on traffic rules and on road signs and signals in just 15 fundamental principles. This ‘abstract’ was considered helpful as a concise overview of the contents of the Vienna Conventions since these essential guidelines may serve to improve road safety, for instance for training and educational purpo-ses. Of course, quite like the whole Charter, they will never achieve legislative effect. The Charter’s second chapter proposes a catalogue of the guarantees for vic-tims of road accidents that are accepted generally or at least by a majority. This catalogue is also limited to 15 titles and outlines of the principles for protecting the victims of road accidents in Europe. Their purpose is to give a succinct overview of what may be considered the most accepted pan-European legal standards on road users’ rights. The systematic listing of guarantees for the victims of road accidents is meant to be an outline of the rights – primarily against the liable party and their insurers – granted to persons injured in road accidents and the dependents of persons killed in road ac-ci-dents under European legislation and case law. This catalogue can thus provide a basis for a comparison of the status of victims’ rights under various legal systems. By following the structure of the proposed Charter, the principles listed can be held against the legal reality in each country to obtain a comprehensive overview of the status and modality of implementation – if at all implemented – of such guarantees across Europe. The IETL believes that, in the long term, such future UN Charter could initiate a trend towards pan-European harmo-nisation of the most essential principles for protecting the victims of road accidents, at least with a view to its main points. We may be quite certain, however, that the Charter will not be realised any time soon, no matter in what version. Finding consensus or reaching compromises between Euro-pean nations and languages in selecting and formulating the principles requires time. It was considered to submit the draft to the future IETL Academic Advisory Council. The IETL is in the process of constituting the council. It will reunite university and col-lege lecturers from the major European countries and all its regions. As one of their first projects, this academic group would successfully finalise the UN Road Users’ Charter so that the IETL can submit the draft to the UN/ECE Transport Division in Ge-neva. The submission of the final IETL draft of the UN Charter was agreed with the Director of the UNECE Transport Division in Geneva, Mrs Eva Molnar. In terms of time-frame, the project should be implemented well within the period the former UN Secretary General Kofi Annan proclai-med a “Decade of Action for Road Safety” (2011 to 2020).

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Page 5: IETL VOX N°6 July 2015 O IDEC VOOXO - melchiorregioia.it€¦ · IETL VOX N°6 July 2015 IETL VOX N°6 July 2015 European Traffic Law News Recent court rulings on admitting dashcam

Institute for European Traffic Law75, rue de MamerL-8081 BertrangePhone: +352 26311204Fax: +352 26311206E-mail: [email protected]

IETL VOX N°6 July 2015

HISTORY

IDEC was created in 2003, in Trier

(Germany) by former MEP Willi Rothley, the

father of the 4th MID

The foundation members were the ADAC,

the Council of Bureaux, National Insurance

Associations, lawyers and insurers.

The Institute was then transferred in 2009

to Luxembourg. It currently has around 200

private and corporate members from about

15 European countries.

It is a melting pot of major European

stakeholders in the field of European

Contract and Tort Law, such as Associations

for victims, Lawyers, Professors of Law,

National Insurer’s Bureaux, National

Insurance Associations, and Reinsurers.

The Institute is unique in its form and totally

independent.

IDECI n S T I T u T e f O R e u R O p e a n

T R a f f I c L a w

RecOmmendaTIOnS

Recommendation on medical

experts’ opinions : towards a common

metholodology on the assessment of

personal injuries in the EU.

Recommendation on a better compensation

of victims of cross-border road traffic

accidents

For more information see website:

http://idec.lu

IDECI n S T I T u T e f O R e u R O p e a n

T R a f f I c L a w

Institute for European Traffic Law

75, rue de Mamer

L-8081 Bertrange

Tel: +352 26311204

Fax: +352 26311206

E-mail: [email protected]

I would like to join the Institute as individual member (€ 150) or corporate member (€ 1 300) for my annual membership.

Payment method: by cheque payable to IDEC asbl or by bank transfer to: IBAN: LU38 0019 3655 1153 8000 BIC BCEELULL

Date:

Name(Dr) (Mr) (Mrs) (Ms):

Signature:

Address:

City:

Country:

Zip:

Phone:

Email:

YOuR BenefITS

> Exclusive access to online conference documentation

on the Institute’s website.

> 20% discount on the fee for the European Traffic Law

days

> Regular networking opportunities with colleagues from

the European legal community.

> Automatic subscription to the IETL Newsletter VOX

Doc_idec.indd 1-2 02/10/2014 15:06

HISTORY

IDEC was created in 2003, in Trier

(Germany) by former MEP Willi Rothley, the

father of the 4th MID

The foundation members were the ADAC,

the Council of Bureaux, National Insurance

Associations, lawyers and insurers.

The Institute was then transferred in 2009

to Luxembourg. It currently has around 200

private and corporate members from about

15 European countries.

It is a melting pot of major European

stakeholders in the field of European

Contract and Tort Law, such as Associations

for victims, Lawyers, Professors of Law,

National Insurer’s Bureaux, National

Insurance Associations, and Reinsurers.

The Institute is unique in its form and totally

independent.

IDECI n S T I T u T e f O R e u R O p e a n

T R a f f I c L a w

RecOmmendaTIOnS

Recommendation on medical

experts’ opinions : towards a common

metholodology on the assessment of

personal injuries in the EU.

Recommendation on a better compensation

of victims of cross-border road traffic

accidents

For more information see website:

http://idec.lu

IDECI n S T I T u T e f O R e u R O p e a n

T R a f f I c L a w

Institute for European Traffic Law

75, rue de Mamer

L-8081 Bertrange

Tel: +352 26311204

Fax: +352 26311206

E-mail: [email protected]

I would like to join the Institute as individual member (€ 150) or corporate member (€ 1 300) for my annual membership.

Payment method: by cheque payable to IDEC asbl or by bank transfer to: IBAN: LU38 0019 3655 1153 8000 BIC BCEELULL

Date:

Name(Dr) (Mr) (Mrs) (Ms):

Signature:

Address:

City:

Country:

Zip:

Phone:

Email:

YOuR BenefITS

> Exclusive access to online conference documentation

on the Institute’s website.

> 20% discount on the fee for the European Traffic Law

days

> Regular networking opportunities with colleagues from

the European legal community.

> Automatic subscription to the IETL Newsletter VOX

Doc_idec.indd 1-2 02/10/2014 15:06

> Tidbits of information> 16th European Traffic Law Days

16th European Traffic Law Days in Budapest 8 and 9 October 2015

HISTORY

IDEC was created in 2003, in Trier

(Germany) by former MEP Willi Rothley, the

father of the 4th MID

The foundation members were the ADAC,

the Council of Bureaux, National Insurance

Associations, lawyers and insurers.

The Institute was then transferred in 2009

to Luxembourg. It currently has around 200

private and corporate members from about

15 European countries.

It is a melting pot of major European

stakeholders in the field of European

Contract and Tort Law, such as Associations

for victims, Lawyers, Professors of Law,

National Insurer’s Bureaux, National

Insurance Associations, and Reinsurers.

The Institute is unique in its form and totally

independent.

IDECI n S T I T u T e f O R e u R O p e a n

T R a f f I c L a w

RecOmmendaTIOnS

Recommendation on medical

experts’ opinions : towards a common

metholodology on the assessment of

personal injuries in the EU.

Recommendation on a better compensation

of victims of cross-border road traffic

accidents

For more information see website:

http://idec.lu

IDECI n S T I T u T e f O R e u R O p e a n

T R a f f I c L a w

Institute for European Traffic Law

75, rue de Mamer

L-8081 Bertrange

Tel: +352 26311204

Fax: +352 26311206

E-mail: [email protected]

I would like to join the Institute as individual member (€ 150) or corporate member (€ 1 300) for my annual membership.

Payment method: by cheque payable to IDEC asbl or by bank transfer to: IBAN: LU38 0019 3655 1153 8000 BIC BCEELULL

Date:

Name(Dr) (Mr) (Mrs) (Ms):

Signature:

Address:

City:

Country:

Zip:

Phone:

Email:

YOuR BenefITS

> Exclusive access to online conference documentation

on the Institute’s website.

> 20% discount on the fee for the European Traffic Law

days

> Regular networking opportunities with colleagues from

the European legal community.

> Automatic subscription to the IETL Newsletter VOX

Doc_idec.indd 1-2 02/10/2014 15:06

The European Traf fic Law Days are organised by the Institute for European Traffic Law, a Luxembourg-based association consisting of eminent European traf fic law experts and dedicated to the study, improvement and further development of the laws relating to mobility in Europe. The Institute is a forum attracting the interest groups most directly concerned by traf fic law, thus giving the conference topics that its members have selected together particular relevance for the development of traffic law in Europe.

The swift, often uncoordinated and unpredictable trends in the compensation of consequential or indirect personal injury have resulted in motor vehicle insurers in many coun-tries being faced with serious financial challenges, in particular with respect to the compensation of close relatives. A comparative legal analysis and a clear determination of the underlying principles will be of assistance to all practitioners in this field in identifying and implementing possible developments and finding where their limits lie.

Other questions of major practical relevance in claims settlement in Europe are data protection and combating fraud. Only an international approach can produce reliable solutions to these problems.

Equally important in practical and nancial terms are issues of privateinternational law in the case of cross-border traf fic accidents. The application of the underlying legal bases (Rome II or The Hague conventions on traf fic accidents) in practice often results in major dif ficulties, given that the habitual residence of those involved in the accident is difficult to establish. The intention here will be to identify possible solutions based on an international analysis of the problems.

Speakers of the highest calibre will make their presentations on currentdevelopments and issues, putting forward solutions and possible improvements, which after discussion among conference participants can, inasmuch as these represent the positions of the Institute in the eld of national and European legislation, justice, administration and practical application, offer signi cant inputs to further development of the law.

The European Traffic Law Days to help traffic law in Europe progress!

Institute for European Traffic LawAddress: 75, rue de Mamer L-8081 BertrangeBy post: B.P. 29 L-8005 BertrangePhone: +352 26311204Fax: +352 26311206 Email: [email protected]: www.ietl.org

Venue: DANUBIUS HEALTH SPA RESORT & GRAND HOTEL MARGITSZIGET ****SUPERIORAddress: H-1007, Budapest, MargitszigetFax: +36 1 889-4989 Tel: +36 1 889-4779Web: www.danubiushotels.com

Languages:English, French, German, Hungarian

Reception:on 8th and 9th October as from 8:00 o’clock

Timetable of the congress:8th oct 9:00 – 18:00 / 9th oct 9:00 – 13:30

Registration:Via registration form to download from IETL Internet site: www.idec.lu

Enrolment fees:Non-members ..................................................................790 €+ 3 % VAT

Members of the IETL (membership fee paid at 30/6/15) ..............690 €+ 3 % VAT (Individual members and employees of corporate members) Members of the IETL (membership fee paid at 30/6/15) ..............590 €+ 3 % VAT (Individual members and employees of corporate members)

REGISTRATION BEFORE 31/7/2015

This price includes: -Participation at the panels and the workshops;-Documents and presentations-Coffee breaks and lunch-Cocktail / Dîner on 8th October at the hotel

Accomodation: at the congress hotel or in a hotel at the near surroundings.Reservation phone: +36 1 889 4752, Reservation fax: +36 1 889 4988E-mail: [email protected]

Transport: by plane - arriving airport Budapest* Taxi circa 45 min by train - arriving at Railway station Budapest Keleti Palyaudvar* Taxi circa 25 min.

Secretariat:Dr Wolfgang RESCHMob : +352 621 139 955Email: [email protected]