Category Archives: European Private Law

Giancarlo Frosio, ‘Right to Be Forgotten: Much Ado About Nothing’

Abstract: In the information society, the role of private sector entities in gathering information for and about users has long been a most critical issue. Therefore, intermediaries have become a main focus of privacy regulations, especially in jurisdictions with a strong tradition of privacy protection such as Europe. In a landmark case, the ECJ ruled […]

‘What is the literal meaning of Article 82(1) GDPR in each of the EU’s 24 official languages?’

“I’m trying to work out what Article 82(1) of the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) […]

Just pubished: Marta Santos Silva, The Draft Common Frame of Reference as a ‘Toolbox’ for Domestic Courts: A Solution to the Pure Economic Loss Problem from a Comparative Perspective

This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of ‘legally relevant damage’ and its importance in overcoming the deadlock created by the category of ‘pure economic loss’ in the Portuguese and German tort law systems. […]

Watson and Kottenhagen, ‘Patients’ Rights, Medical Error and Harmonisation of Compensation Mechanisms in Europe’

Abstract: In 1999 the Institute of Medicine reported that most medical injuries relate to unavoidable human error in a context of system failure. Patient safety improves when healthcare providers facilitate blame-free reporting and organisational learning. This is at odds with fault-based civil liability law, which discourages a more open (doctor-patient) communication on medical injuries. The […]

‘Save the date! Conference on the “Europeanness” of European Private International Law: 2-3 March 2018, Berlin’

“Over the course of the last decades the European legislature has adopted a total of 18 Regulations in the area of private international law (including civil procedure). The resulting substantial degree of legislative unification has been described as the first true Europeanisation of private international law and even as a kind of ‘European Choice of […]

Dinwoodie and Dreyfuss, ‘Brexit and IP: The Great Unraveling?’

Abstract: In theory, exit from Brexit will free the United Kingdom from the constraints and burdens of EU membership. It will transfer sovereignty back to the people from the technocratic rule of Brussels; replace the jurisprudence of the Court of Justice with the adjudicative power of national courts; and allow the UK to tailor its […]

Eoin O’Dell, ‘Compensation for Breach of the General Data Protection Regulation’

Abstract: Article 82(1) of the General Data Protection Regulation (GDPR) provides that any ‘person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered’. As a consequence, compliance with the GDPR is ensured […]

Tim Dornis, ‘The Doctrines of Contract and Negotiorum Gestio in European Private Law: Quest for Structure in a No Man’s Land of Legal Reasoning’

Abstract: The field of negotiorum gestio is perplexing. In civil law, its doctrinal, policy, and economic foundations are far from clear. In common law, the concept even seems to be inexistent. Nevertheless, in common-law as under civil-law doctrine, certain situations of intervention in another’s affairs are acknowledged as establishing claims of an intervening party against […]

Katarzyna Krupa-Lipińska, ‘The Problem Of The Indeterminate Defendant In Tort Law In Europe’

Abstract: The article discusses the problem of the indeterminate defendant in European tort law systems and in the projects aiming to unify tort law in Europe, such as Draft Common Frame of Reference and Principles of European Tort Law. The given issue relates to a situation where there is a damage caused by one factor, […]

Andreas Rahmatian, ‘Brief speculations about changes to IP law in the UK after Brexit’

“It has often been said that the decision of a slight majority of the British people to leave the EU after a referendum that was originally envisaged as advisory will bring fundamental changes to the UK. This is indeed likely to be the case, but at the moment one can only speculate …” (more) € […]