Our location in the heart of Brussels’ European quarter is our direct line to the European institutions, in particular the European Commission and the European Parliament.
Europeanisation of law
The modern law relating Consumer Goods is shaped by European legal provisions, which are constantly adapted and further developed. Many legal issues concern the proper reading and interpretation of European regulations. These questions can most convincingly be answered by the European legislative institutions themselves. We help to create legal certainty in a practical manner. Direct information from the various EU institutions gives us the necessary head start to be able to provide you with a reliable basis for your business decisions. If you seek to be heard in legal policy issues, you require personal contact with the institutional decision-makers. With regard to the interpretation of European legal texts, the European Commission gives important interpretation assistance. The groundwork of our representation of interests at EU institutions is to gain detailed knowledge of the internal organisation as well as the institutional decision-making processes in order to identify the right contact persons and approach the latter. Crucial in this context is also the “correct” way of presenting problems and addressing the parties concerned.
Others about our commitment at the European Union in Brussels:
“The Brussels office, which is headed by Jens Karsten, an experienced European food law expert, takes account of the fact that Food Law is one of the most harmonised EU legal areas.”
“In Brussels KWG has established, ‘a round table’, i.e. a regular Food Law event on current issues of European Food Law, in which leading associations resident in Brussels and German commercial enterprises represented in Brussels participate.”
[Source: Kanzleien in Deutschland 2013]
Procedural advice (approval procedures)
Under European Food Law the permissibility of the use of substances, production and treatment processes as well as promotional claims regarding foods are increasingly being regulated by so-called positive lists. This means that only those substances/ methods/claims may be used, which have been specifically authorised by the European Union. The authorisation of the substances/methods/claims is carried by means of a corresponding application, which must be directed to the competent authorities by the economic operators. KWG Rechtsanwälte assist companies in the effective implementation of the application procedure in the following Areas:
- Additives, enzymes, flavourings
- Enrichment substances with a nutritional effect
- Novel foods and novel food production process
- Dietetic food
- Food contact materials
- Health claims
Food law is strongly “Europeanised”. Therefore, in many cases the final decision-making power rests with regard to questions of the European food law with the European jurisdiction. While the European Court of Justice (ECJ) mainly by way of interpretation of the law decides on matters of principle, the Court of Justice of the European Union (CJEU) (formerly referred to as Court first instance) is responsible inter alia for public liability or claims for damages, if by unlawful acts of the European Union or their organs damage is caused. The court also decides on actions for annulment against EU acts or acts of law of directly affected People.
KWG Rechtsanwälte are experienced in dealing with the European Justice and have the necessary know-how for an effective representation of interests before European Courts.