Category Archives: European Private Law

‘The 2019 Hague Judgments Convention – A Game Changer?’

“The Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters will form the object of a conference (in English) scheduled to take place on 23 April 2020 at the Catholic University of Milan. Speakers include …” (more) [Thalia Kruger, Conflict of Laws .net, 22 January]

Colin Scott, ‘Consumer Law, Enforcement and the New Deal for Consumers’

ABSTRACT A key trend for consumer law and policy in Europe has been the progressive expansion of consumer rights. It has long been recognized that the vindication of consumer rights is challenging. The expansion of consumer rights from the 1960s was accompanied by the establishment of proactive regulatory agencies whose enforcement powers complement and to […]

Thomas Verheyen, ‘Modern Theories of Product Warnings and European Product Liability Law’

ABSTRACT Scholars inside and outside Europe have recently argued that product liability law should recognise the sheer complexity of designing an adequate warning. In the US, for instance, it has been suggested that a plaintiff bringing a claim based on a defective warning should be required to prove which reasonable alternative warning would have prevented […]

Ex officio unfairness assessment limited to contractual clauses connected to the dispute – Opinion of AG Tanchev in Case C‑511/17 Unicredit Bank Hungary

“On the 19th of December 2019, AG Tanchev delivered an Opinion on Case C-511/17, which deals with the scope of the obligation to assess the unfairness of contractual terms ex officio, under Directive 93/13/EEC (Unfair Terms Directive). As AG Tanchev starts by noting, this case is related to other cases on the Hungarian framework on […]

‘Development of Private International Law in the UK post Brexit’

“With Brexit having taken place on 31 January 2020 this workshop comes at an ideal time to focus on how private international law in the UK should develop once the implementation period for the UK leaving the EU has finished (which under UK law should be on 31 December 2020). Several eminent speakers will address […]

Israel Gilead, ‘Simplifying the Complexities of Negligence Law – A Joint Academic/Judicial Proposal’

ABSTRACT Over a century, common law judges, academics, and practitioners have struggled with the complexities of negligence law. All agree that negligence liability is imposed on a defendant whose unreasonable conduct caused foreseeable harm to the plaintiff, and who owed a duty of care to the plaintiff. But views differ considerably as to the meaning […]

Verbruggen and Kryla-Cudna, ‘The Union’s Liability for Failure to Adjudicate within a Reasonable Time: EU Tort Law after Gascogne, Kendrion and ASPLA

ABSTRACT In this article we examine the cases of Gascogne, Kendrion and ASPLA, in which the Court of Justice of the EU found itself confronted – for the first time – with a number of separate damages actions for breach of EU law, namely the alleged failure to adjudicate within a reasonable time as required […]

Coe and Brown, ‘What’s in a Name? The Case for Protecting the Reputation of Businesses under Article 1 Protocol 1 of the European Convention on Human Rights’

ABSTRACT This article approaches corporate reputation from an English law perspective. It argues that corporate reputation is at least as important as individual reputation, as it is not only vital for the health and prosperity of businesses themselves (whether large or small), but also for the communities within which they operate. Following analysis of conflicting […]

Maria Veronica Saladino, ‘The Enforcement of Punitive Damages Awards Between United States and Europe: An Introduction for US Practitioners’

ABSTRACT This article’s objective is to introduce US-based practitioners to European civil-law perspectives on whether US punitive damages awards are enforceable in their jurisdictions. After a brief review concerning the birth of punitive damages within common law, valuable to better understand their cultural and legal significance, this article will outline how the prominent European jurisdictions […]

Andrew Tyner, ‘The EU Copyright Directive: “Fit For The Digital Age” or Finishing It?’

ABSTRACT Since its proposal in 2016, the Directive of the European Parliament and of the Council on Copyright in the Digital Single Market (‘the Directive’ or ‘the Copyright Directive’) has been controversial. While the Directive was rooted in good intentions, intended to ‘improv[e] the bargaining position … and the control rightsholders have on the use […]