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> I heard that it was Belgian Law. In case you didn't notice, Belgium is part of the EU. The EU is not a jurisdiction for contract law. The contract will obvio

by brmgb 6y ago

> I heard that it was Belgian Law. In case you didn't notice, Belgium is part of the EU. The EU is not a jurisdiction for contract law. The contract will obviously have to rely on the law of one of the EU member state, here Belgium as it's where the comission is located. > Interesting if true, but please source. I heard that it was Belgian Law. EU commercial contracts are all drafted by EU civil servants i.e. EU experts. How do you think the EU works (apparently you don't have much idea)?

lhnz 6y ago
I replied inelegantly but my point was that, just because a contract is written in a country within the EU, it doesn't mean that the Commission's understanding of Belgian law is correct. The way you wrote "it was written by EU experts" implied that the law would necessarily side with the EU because of this -- you almost implied that it was written by the same people kicking up fuss. That isn't the case. As I linked to earlier in the thread, the first Belgian lawyer I saw tweeting about the contract wrote "I cannot conclude that the Commission has [...] the right on its side. Quite the contrary." [0] Another legal expert also recently wrote "[The European Commission appears to be wrong] Belgian lawyers so far seem to agree with this analysis." [1] Finally, this Belgian lawyer also agrees [2] and gives more detail about why. He explains that "we have a classic distinction between obligations to achieve a result ("result") and obligations to use efforts ("means")" and that "using "best efforts", "reasonable efforts" or any other effort standard simply refers to an obligation of means". I will not be the judge of this but I can say that I've yet to see a Belgian legal expert claiming anything like what you have. When you can't find a single expert to support your position that should be a red flag. [0] https://twitter.com/FKeuleneer/status/1355138055305388036 https://twitter.com/FKeuleneer/status/1355138055305388036 [1] https://twitter.com/davidallengreen/status/1356149422686658565 https://twitter.com/davidallengreen/status/13561494226866585... [2] https://www.linkedin.com/posts/frcoppens_the-contract-between-az-and-the-eu-commission-activity-6761996040007626752-4TKp/ https://www.linkedin.com/posts/frcoppens_the-contract-betwee...

by brmgb 6y ago

lhnz 6y ago

I replied inelegantly but my point was that, just because a contract is written in a country within the EU, it doesn't mean that the Commission's understanding of Belgian law is correct. The way you wrote "it was written by EU experts" implied that the law would necessarily side with the EU because of this -- you almost implied that it was written by the same people kicking up fuss. That isn't the case. As I linked to earlier in the thread, the first Belgian lawyer I saw tweeting about the contract wrote "I cannot conclude that the Commission has [...] the right on its side. Quite the contrary." [0] Another legal expert also recently wrote "[The European Commission appears to be wrong] Belgian lawyers so far seem to agree with this analysis." [1] Finally, this Belgian lawyer also agrees [2] and gives more detail about why. He explains that "we have a classic distinction between obligations to achieve a result ("result") and obligations to use efforts ("means")" and that "using "best efforts", "reasonable efforts" or any other effort standard simply refers to an obligation of means". I will not be the judge of this but I can say that I've yet to see a Belgian legal expert claiming anything like what you have. When you can't find a single expert to support your position that should be a red flag. [0] https://twitter.com/FKeuleneer/status/1355138055305388036 https://twitter.com/FKeuleneer/status/1355138055305388036 [1] https://twitter.com/davidallengreen/status/1356149422686658565 https://twitter.com/davidallengreen/status/13561494226866585... [2] https://www.linkedin.com/posts/frcoppens_the-contract-between-az-and-the-eu-commission-activity-6761996040007626752-4TKp/ https://www.linkedin.com/posts/frcoppens_the-contract-betwee...