Colloquium on European Civil Law – 22 October 2015, Luxembourg

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On 22 October 2015, the Chamber of Notaries of the Grand-Duchy of Luxembourg held an international colloquium in partnership with the CNUE. The event, in which the European Commission, the Luxembourg Presidency of the Council of the European Union, academics, judges and notaries participated, was dedicated to topical subjects relating to European civil law.

In the opening session, Ms Renate Nikolay, Head of Cabinet of European Commissioner Vera Jourová, gave an overview of the European regulation on international successions becoming applicable, and of ongoing negotiations on the two proposals for European regulations on matrimonial property regimes and registered partnerships. The European Commission representative also elaborated on the proposal for a regulation on the movement of public documents.

This speech was followed by a lively debate on the European legislative proposal to create the ‘Societas Unius Personae’ (SUP), a new form of European company which could be created on the initiative of a single founding member, online, without the help of an expert legal professional and with a purely symbolic minimum capital of one euro. Regarding this initiative, the experts present highlighted many concerns regarding insufficient measures to protect third parties, the risk of tax fraud, money laundering and social dumping for the purposes of which the SUP could be used.

The practitioners then discussed implementation of the new European Certificate of Succession instituted by the regulation on international successions. The afternoon of the colloquium was dedicated partly to a detailed analysis of the proposals for European regulations on matrimonial property regimes and registered partnerships. The European notariat’s representatives expressed their hope that both texts would materialise as quickly as possible, despite the existence of a certain political deadlock, since they would considerably facilitate the lives of European couples and they would be an important addition to the successions regulation.

The conference finished with discussion of the proposal for a regulation on the movement of public documents. Luxembourg MEP Ms Mady Delvaux-Stehres outlined the political progress of the dossier. Her speech was followed by a roundtable in which the Luxembourg Presidency of the Council of the European Union, the European Commission and notaries participated.