Multilateral Trade Negotiations agreement

Negotiating Group on MTN Agreements and Arrangements

agreement resulting from mediation

Loon River Cree First Nation Treaty Settlement Claim Final Agreement

In cross-border civil and commercial disputes, under Directive 2008/52/EC, the content of an agreement resulting from mediation is to be made enforceable by the court requested unless it is contrary to the law of the Member State where the request is made or the law of that Member State does not provide for its enforceability.

2. Observes that, pursuant to Article 6 of the Directive, the majority of Member States have a procedure for giving the mediation settlement agreement the same authority as a judicial decision; notes that this is achieved either by submitting it to the court or by having the agreement notarised, and that it appears that some national legislatures have opted for the former solution, while, by contrast, in many Member States notarisation is also an available option under national law: for instance, whereas in Greece and Slovenia the law provides that a mediation agreement record may be enforced by the courts, in the Netherlands and in Ger ...[+++]many agreements can be rendered enforceable as notarial acts, and in other Member States, including Austria, they can, as the law currently stands, be rendered enforceable as notarial acts despite the lack of any explicit provision to that effect in the relevant national legislation; calls on the Commission to ensure that all Member States that do not yet comply with Article 6 of the Directive do so without delay;

2. Observes that, pursuant to Article 6 of the Directive, the majority of Member States have a procedure for giving the mediation settlement agreement the same authority as a judicial decision; notes that this is achieved either by submitting it to the court or by having the agreement notarised, and that it appears that some national legislatures have opted for the former solution, while, by contrast, in many Member States notarisation is also an available option under national law: for instance, whereas in Greece and Slovenia the law provides that a mediation agreement record may be enforced by the courts, in the Netherlands and in Ger ...[+++]many agreements can be rendered enforceable as notarial acts, and in other Member States, including Austria, they can, as the law currently stands, be rendered enforceable as notarial acts despite the lack of any explicit provision to that effect in the relevant national legislation; calls on the Commission to ensure that all Member States that do not yet comply with Article 6 of the Directive do so without delay;

The negotiations should therefore ensure that the accession agreement creates obligations under the substantive provisions of the Conventions only with regard to acts and measures adopted by the institutions or by the bodies of the Union.