The Traffic Law Days were a success

The Traffic Law Days were a success

On October 13 and 14, the 21st Traffic Law Days took place in Berlin. The 170 experts from 24 countries present were welcomed by Prof. Dr. Ansgar Staudinger, the president of the IETL. The goal of the IETL was also mentioned: Sustainable and environmentally friendly mobility must include all modes of transport. It is about planes, trains, shipping, cars, pedelecs, e-bikes, e-scooters up to the classic cyclist and pedestrian.

The welcome was followed by presentations by Hildegard Müller and Prof. Dr. Staudinger. Hildegard Müller's talk was about “Climate-neutral mobility as a European project for the future" and the challenges facing the automotive industry, and she also warned against a return to individual systems and advised on globalization. Prof. Dr. Staudinger dealt critically with a ruling by the Düsseldorf Higher Regional Court. The case concerned the leasing of batteries to power Renault e-vehicles. The Renault Bank used GTCs for this purpose, which provide that after termination of the rental agreement due to extraordinary termination, the battery charging option can be blocked by remote access.
Unlike the OLG, Prof. Dr. Staudinger does not see any inadmissible disadvantage to the consumer in the GTCs and sees too much consumer protection in the decision. "The guiding principle must be the informed, responsible consumer in the world of e-mobility."  An appeal was filed and now the BGH is going to decide on this case.

Oskar Riedmeyer, lawyer and Chair of the Traffic Committee of the German Bar Association (DAV), Munich, then presented the traditional overview of hot topics in European traffic law and the current case law of the European Court of Justice (ECJ).

After that Sandra Schwarz presented the Charter for Road Traffic Victims published by the UNECE in spring 2021, which the IETL developed together with the UNECE and the Council of Bureaux. Then she explained the impact of the war in Ukraine and the sanctions against Russia and Belarus on the Green Card system and international claims settlement. So was the Green Card in PDF form for vehicles insured in Ukraine introduced in a short time and member States found workable solutions for refugees from Ukraine. (For example: ) As far as the sanctions allow, cooperations with the Green Card Offices of Russia and Belarus will continue.

Luk de Baere presented the modified Motor Insurance Directive, which was published on the 2nd December 2021 in the Official Journal of the EU and has to be implemented by all member states by December 23, 2023.

Michael Buse, lawyer and avvocato, Milan and Munich, called for a system change in cross-border accident regulation in the EU. The parallel system of motor vehicle liability directives and the system of national insurance offices (“Green Card”) should be standardized. This would, on the one hand, increase the protection of accident victims and, on the other, make claims settlement simpler, more efficient and less expensive.

In the subsequent panel discussion, the development of vehicle insurance laws in the UK after the Brexit was discussed and compared with the case law of the ECJ. This panel consisted of Holger Backu, CEO InterEurope AG, Düsseldorf, Luk de Baere and Jean-Pierre Telloli, Director of the Bureau Central Français (BCF), Paris, Simon Ball, Barrister/Practice Director, London, Fabrice Lazari, Consap, Rome, Oskar Riedmeyer and Daniel Wernli, Managing Director NVB & NGF, Zurich. At the end it showed that the panel is concerned about the timely and qualitative transposition of the entire Motor Insurance Directive into the national legal order of the Member States and therefore appeals to all governments of the European Economic Area to provide the necessary resources and devote sufficient energy to this transposition process.

The second day started with a presentation by Lukas Neckermann, COO Splyt, London, about the traffic of the future. Which fitted very well to the motto of the second day: "Future of Mobility - Environmental Protection and Transport". Lukas Neckermann explained why a mobility revolution is necessary and what ideas he has for an emission-free and electric mobility, which will enable a new quality of life in "smart cities" and make automated driving safe.

After that Martin Hoffer, Head of ÖAMTC Legal Services, Vienna, gave a presentation about the environmental restrictions on traffic in some European countries. For example, high registration taxes (e.g., in the Scandinavian countries), fuel levies and graduated road tolls. Followed by Prof. Klaus Bonhoff, Head of Department, Federal Ministry of Transport and Digital Infrastructure (BMDV), Berlin, and Gilles Chomat, Team Mobility, Federal Office for Spatial Development, Bern, who presented the respective initiatives, experiences and viewpoints of the BMDV and the Swiss Federal Office on the topic of "Mobility and Sustainability".

The Traffic Law Days concluded with a panel discussion regarding “Avoiding Traffic, sharing traffic and making sustainable decisions”, moderated by Martin Hoffer with Ulrich Werwigk, lawyer, Munich, Jost Kärger, Head of Traffic Law ADAC e.V., Munich, Prof. Klaus Bonhoff and Gilles Chomat.

Overall, the event has convinced with top-class speakers, lectures and discussions and confirmed the IETL's claim to become the leading international forum for shaping policy and law in the field of mobility.

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