Category Archives: European Private Law

‘Anthropocentrism in European Private Law and the Case of Ben Nevis’

“It is a truth universally acknowledged that a constitutional state in possession of democratic institutions must have been made by humans. Law more generally is a human construction. Law is considered by some to be even problematically anthropocentric, that is, it would be overtly focused at human interests and thereby neglect the interests of animals […]

‘The New French Code Civil – in a Broader Context’: Special Issue of European Review of Contract Law

European Review of Contract Law Volume 13, Issue 4 (Dec 2017) € The French Contract Law Reform and the Political Process – Bénédicte Fauvarque-Cosson The Anatomy of the New French Law of Contract – Genevieve Helleringer What is a Modern Law of Contracts? Elements for a New Manifesto for Social Justice in European Contract Law […]

Eleonora Rosati, ‘The Monkey Selfie case and the concept of authorship: an EU perspective’

Abstract The question whether a macaque named Naruto can be regarded as the author of protectable works (self-portrait photographs, ie selfies) has captured popular attention, and has been the subject of litigation in the USA. Further to the 2016 decision of the US District Court for the Northern District of California that rejected that a […]

Thomas Hoppner, ‘EU Copyright Reform: The Case for a New Publisher’s Right’

Abstract This paper investigates the merits of a new related right press publisher. To this end, the paper investigates the economic and technical background and outlines the potential effects of the European Commission’s current proposal for a publisher’s right. The paper comes to the conclusion that the proposed publisher’s right is both justified and proportionate […]

Fairgrieve and Pilgerstorfer, ‘European Product Liability after Boston Scientific: An Assessment of the Court’s Judgment on Defect, Damage and Causation’

Abstract In this article, the authors explore the recent decision of the European Court of Justice in Boston Scientific and its impact on the sphere of product liability. The Court’s approach to determining whether a product is defective is examined, in particular the notion, adopted by the court, of defect as an ‘abnormal potential for […]

Just Published: Keirse and Loos (eds), Waves in Contract and Liability Law in Three Decades of Ius Commune

This book revolves around major legal developments in the fields of European contract law and tort law from 1981 to today and examines whether similarities or divergences can be observed. It examines how opposing concepts such as weaker party protection (consumers as well as SME) and freedom of contract and fault principle are balanced. It […]

Journal of European Tort Law – Tort and Climate Change number

Martin Spitzer and Bernhard Burtscher, Liability for Climate Change: Cases, Challenges and Concepts Philip Sutherland, Obligations to Reduce Emissions: From the Oslo Principles to Enterprises Jaap Spier, The Oslo Principles and the Enterprises Principles: Legal Strategies to Come to Grips with Climate Change Monika Hinteregger, Civil Liability and the Challenges of Climate Change: A Functional […]

Felix Maultzsch, ‘Contractual Liability of Online Platform Operators: European Proposals and Established Principles’

Abstract The contractual responsibility of online platform operators has been subject to an intensive debate in the recent past. While the platform operators usually seek the role of mere intermediaries without considerable liability for the proper performance of the main contracts, there is increasing support for a tightened responsibility of the operators. The ‘Discussion Draft […]

Cross-Border Litigation in Europe (Beaumont, Danov, Trimmings and Yüksel, eds)

This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil […]

Smillie, Eccleston-Turner and Cooper, ‘C-621/15 – W And Others v Sanofi Pasteur: An Example of Judicial Distortion and Indifference to Science’

Abstract This case commentary examines the CJEU’s recent decision in C-621/15 W and Others v Sanofi Pasteur MSD SNC [2017] ECR I. This commentary critically examines the decision through the lens of the cultural conflict between law and science. We argue that the CJEU’s decision reflects both a distortion of scientific knowledge and an improper […]