Category Archives: European Private Law

‘Humboldt-University Berlin: PhD fellowship in private (international) law’

“The Graduate Programm ‘Dynamic Integration’ at the Faculty of Law of Humboldt-University Berlin offers a PhD fellowship in private (international) law. The fellowship is (generously) funded by the German Research Foundation (Deutsche Forschungsgemeinschaft). In addition, Humboldt-University offers an outstanding research environment …” (more) [Giesela Ruehl, Conflict of Laws .net, 2 July]

‘When does a communication to the public under EU copyright law need to be to a “new public”? A new research article’

“Over the past several years, the right of communication to the public in art 3(1) of the InfoSoc Directive has progressively and consistently taken centre stage in the EU copyright system. This has been so also given the great number of referrals (over twenty since the 2006 decision in SGAE) to the Court of Justice […]

‘On Your Bike: Pedalling Your Way to Copyright Protection’

“In the recent case of Brompton Bicycle Ltd v Chedech/Get2Get, the Court of Justice of the European Union (CJEU) ruled that copyright protection can apply to a product shape where it is both functional and original. As a result, any product whose shape is at least in part necessary to obtain a technical result, such […]

Schovsbo and Riis, ‘Concurrent Liability in Contract and Intellectual Property: Licensing Agreements in Light of Case C-666/18, IT Development SAS

ABSTRACT It is the starting point in some jurisdictions that if a licensing agreement has been breached the licensor may choose to base her claims against the licensee on either contract or IPR. This article argues that such a starting point should not be upheld. Not least because of the developments in EU law, the […]

Emanuel Towfigh, ‘An Economic Analysis of the Preventive Administration of Justice in Civil Law Countries’

ABSTRACT This Expert Opinion examines the preventive administration of justice in civil law countries from an economic point of view. In many countries with a civil law tradition, the role of the judiciary is not confined to solving conflicts after they occur. Instead, courts and other government actors assist individuals in structuring their legal relationships […]

Grace Park, ‘The Changing Wind of Data Privacy Law: A Comparative Study of the European Union’s General Data Protection Regulation and the 2018 California Consumer Privacy Act’

ABSTRACT On May 25, 2018, the European Union’s (EU) General Data Protection Regulation (GDPR) came into effect. The GDPR is expected to reshape web use and overhaul data privacy laws beyond Europe in how businesses and organizations can handle customer and user information. Only a month after, California passed the California Consumer Privacy Act of […]

Patel and Lea, ‘EU-US Privacy Shield, Brexit and the Future of Transatlantic Data Flows’

ABSTRACT This report analyses the issues raised by EU-US commercial data flows, including the future status of the Privacy Shield framework and standard contractual clauses (SCCs). It begins by comparing the systems of data protection in the EU and the US, highlighting key philosophical, legal and practical differences. The next section assesses the history of […]

Francovich claims are dead! Long live Francovich claims?’

“Paragraph 4 of Schedule 1 of the European Union (Withdrawal) Act 2018 (the ‘EUWA’) provides that there is generally ‘no right in domestic law on or after [the end of the transition period] to damages in accordance with the rule in Francovich’. As is well known, the rule in Francovich provides a cause of action […]

‘Conference and Call for Papers: Frontiers in Civil Justice, Erasmus University Rotterdam’

“The conference Frontiers in Civil Justice will take place at Erasmus University Rotterdam on 16 and 17 November 2020. The conference will address four key issues in civil justice, which require a deeper and renewed reflection in light of their contribution of facilitating access to justice. These are the shaping of the interaction between formal […]

‘Interest rate modifications are not separate contracts – CJEU in C-639/18 Sparkasse

“On the 18th of June 2020 the CJEU delivered its judgement in C-639/18 KH v Sparkasse Südholstein on the interpretation of Art 2(a) of Directive 2002/65/EC on Distance Marketing of Financial Services. Unfortunately, the CJEU did not follow AG Sharpston’s consumer friendly opinion …” (more) [Recent developments in European Consumer Law, 28 June]