Category Archives: European Private Law

Aleksander Grebieniow, ‘Remedies for Inequality in Exchange: Comparative Perspectives for the Evolution of the Law in the 21st Century’

ABSTRACT Equality in exchange has long been a popular topic for comparative legal studies. The following paper examines the legal remedies provided by Private Law for the instances of contractual imbalance in the twentieth and twenty-first centuries. Until recently, most studies on this topic were limited to the French, German and English legal systems. The […]

‘Mirror, mirror, tell me, is the Copyright law fair and balanced? Reflection on AG’s conclusions on the Spiegel Online case (Part I)’

“On 10 January 2019, the Advocate General (AG) Szpunar delivered his opinion in the case Spiegel Online GmbH v Volker Beck (C 516/17). The case is part of a trilogy of preliminary references raised by the German courts focusing on copyright exceptions and the interaction of copyright law with fundamental rights (Pelham, C‑476/17 and Funke […]

‘JOBS: PhD and Postdoc Scholarships, Max Planck Institute for European Legal History, Frankfurt am Main (DEADLINE 31 MAY 2019)’

“Every year we welcome numerous researchers and scholarship holders from all over the world who come to Frankfurt in order to get in touch with other researchers in a productive working atmosphere and to conduct research in our library with its many special collections …” (more) [ESCLH, 14 February]

Eleonora Rosati, ‘Brexit and Copyright: A Pyrrhic Victory’

ABSTRACT As things currently stand, the United Kingdom (UK) is set to leave the European Union (EU) in March 2019. At the time of writing (early January 2019) it is unclear on what terms the withdrawal of this Member State from the EU is going to happen, and whether there will be also a withdrawal […]

Adrian Di Pizzo Chiacchio, La expansión del derecho al olvido digital: efectos de ‘Google Spain’ y el Big Data e implicaciones del nuevo Reglamento Europeo de Protección de Datos

The book is entitled La expansión del derecho al olvido digital: efectos de ‘Google Spain’ y el Big Data e implicaciones del nuevo Reglamento Europeo de Protección de Datos (‘The expansion of the Right to Be Forgotten: effects of Google Spain and Big Data and implications of the new General Data Protection Regulation’ – Atelier, […]

Yann Padova, ‘Is the right to be forgotten a universal, regional, or “glocal” right?’

INTRODUCTION The ‘right to be forgotten’ (RTBF), introduced by the Court of Justice of the European Union (CJEU) in its Google Spain judgment on 13 May 2014 is being examined again before the Court through 11 preliminary questions submitted by the French administrative supreme court (Conseil d’Etat). The 11 questions directly stem from the uncertainty […]

What would a no-deal Brexit mean for copyright in the UK?

“With the UK due to leave the EU in less than two months, we are still no closer to clarity on the basis on which this will take place. Earlier this month, Parliament voted against the deal proposed by the Prime Minister, with the deal only finding support from around 31% of members of parliament. […]

Francesco Paolo Patti, ‘The Denial of Restitution Under Italian Law: A Perspective on Patel v Mirza

ABSTRACT An important difference between the Italian system and the German and English systems concerns the scope of application: Article 2035 Italian Civil Code is limited to immoral contracts, ie contracts that are against good morals. Thus, if the parties acted unlawfully (but not immorally), the contract is void and ordinary restitutions apply. The rationale […]

AG Opinion on Orange Polska: Signing a contract with the courier present can be undue influence under UCPD

“On 30 January 2019, the AG opinion on case C-628/17 Orange Polska has been published. This is a case of great significance as it is the first one clarifying the meaning of aggressive practices and especially undue influence under the Unfair Commercial Practices Directive (UCPD). In the last year there has been a growing interest […]

‘Doctor’s right to be forgotten’

“An Amsterdam court has ruled that Google should bring down an unofficial “blacklist” of doctors maintained by a discussion group on the internet. This is said to be the first right to be forgotten case involving medical negligence by a doctor …” (more) [Rosalind English, UK Human Rights Blog, 27 January]