Category Archives: European Private Law

‘The 50th Anniversary of the European Law of Civil Procedure’

“On 27-28 September 2018, the Court of Justice of the European Union and the Max Planck Institute Luxembourg organised an international conference at the premises of the CJEU to commemorate the 50th anniversary of the signing of the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters. It brought together […]

‘EU Copyright Reform, Fundamental Rights and Life as CJEU Judge at the ERA Copyright Conference’

“This Kat had the pleasure of attending the ERA annual Conference on EU Copyright Law in Trier on the 22nd and 23rd November. The event involved two days of discussions focused on EU copyright reform as well as the interplay between copyright and fundamental rights from prolific speakers. If you couldn’t make it, here are […]

Pompeo Polito, ‘The Protection of Our Image: Between the Right to One’s Own Image and the Right of Publicity’

Abstract Through an analysis of the privacy right of publicity (or ‘personality rights’) in the American legal system and the right to one’s own image in the Italian legal system, the author demonstrates the strict analogies that exist between these legal institutions, despite the differences in their origins. Pompeo Polito, ‘The Protection of Our Image: […]

‘Brussels IIa Recast: general agreement in the Council’

“On 7 December the Council of the European Union approved the General Approach on the Brussels IIa Recast proposed by the Presidency on 30 November 2018. The text has been heavily discussed and has undergone several changes since the original Commission Proposal of 30 June 2016 …” (more) [Thalia Kruger, Conflict of Laws .net, 9 […]

Kevin O’Sullivan, ‘Copyright and Internet Service Provider “Liability”: The Emerging Realpolitik of Intermediary Obligations’

Abstract Online service providers are increasingly the focus of renewed efforts to enforce copyright online in the European Union (EU). Traditionally, these providers benefitted from safe-harbour immunity to the extent that their role in assisting online enforcement was relatively minimal. In light of recent proposals for reform, and the spread of the ‘blocking injunction’ in […]

Estelle Brosset, ‘Distinguishing between law and science in terms of causation and the hepatitis B vaccine: W v Sanofi Pasteur

Case C-621/15, NW and Others v Sanofi Pasteur MSD and Others, Judgment of the Court of Justice (Second Chamber) of 21 June 2017, EU:C:2017:484. In this preliminary ruling, the Court of Justice, answering the French Supreme Court, ruled that Article 4 of Directive 85/374 on the approximation of the laws, regulations and administrative provisions concerning […]

Giuseppe Bellantuono, ‘Comparing Contexts: Technical Standards and Contract Law’

Abstract … In this chapter, I argue that the goal should not be to identify a unified framework for contextual analysis, but to clearly define the relationship among different contextual methodologies. In order to show where such research agenda could lead, I delve into the interplay between contract law and standardization regimes in the EU […]

Alex Mills, ‘Recognition of Punitive Damages in the United Kingdom’

Abstract This chapter addresses the potential recognition of punitive damages in foreign judgments and in the application of foreign law in the courts of the United Kingdom. Before examining these private international law questions, it analyses the position of punitive damages under domestic private law, noting that the availability of punitive damages is now well […]

‘Robo-liability: the European Union in search of the best way to deal with liability for damage caused by artificial intelligence’

“Antonia Waltermann and I will be organising a debate on legal personhood for robots at the SSH Synergy conference 2019 (7 February). For a brief overview of some of the issues the event will touch upon, see the following editorial I wrote for the Maastricht Journal of European and Comparative Law: …” (more) [Caroline Cauffman, […]

Howells, Twigg-Flesner and Willett, ‘Protecting the Values of Consumer Law in the Digital Economy: The Case of 3D-Printing’

Abstract The law on consumer goods is currently underpinned to a significant degree by the need ethic (prioritising protection of consumers as vulnerable parties, over business self-interest and consumer self-reliance). This is manifest in strict and quasi-strict liability standards. Notwithstanding 3D-printing innovations, there is a good case for adherence to the need ethic: The risks […]