Category Archives: European Private Law

‘Thou shalt not sample … without permission!’

“On 12 December 2018 Advocate General (AG) Szpunar delivered his Opinion in Case C-476/17, Pelham. The case concerns the practice of sampling, ie the reproduction of minimal parts of a phonogram for the purposes of using it in another phonogram. As harmonized by EU law, the phonogram producer holds a related right of reproduction (Article […]

Urquhart, Lodge and Crabtree, ‘Demonstrably doing accountability in the Internet of Things’

Abstract This article explores the importance of accountability to data protection (DP), and how it can be built into the Internet of Things (IoT). The need to build accountability into the IoT is motivated by the opaque nature of distributed data flows, inadequate consent mechanisms and lack of interfaces enabling end-user control over the behaviours […]

Maria Canellopoulou-Bottis, ‘Utilitarianism v Deontology: A Philosophy for Copyright’

Abstract The Anglosaxon copyright system is founded upon theories of utilitarianism, whereas the European system, generally upon deontology. A series of particular traits aid us at the identification of which theory a copyright system supports. For example, the management of the moral rights of authors and creators shows this difference very eloquently. In Europe, starting […]

Vibe Ulfbeck, ‘Supply Chain Liability for Workers’ Injuries – Lessons to be Learned from Products Liability?’

Abstract It is argued that supply chain liability could be based either on tort law or on contract law and – drawing on experience from product liability law – it is examined whether there is a basis for assuming that these two approaches might end up merging into one unified approach forming the basis of […]

Johann Neethling, ‘Recognition and Protection of Personality Rights: Classification and Typology’

Abstract In this article the premise is that personality interests exist in factual reality independently of any legal recognition. This emphasis on the pre-legal existence of individual personality interests is not merely of philosophical interest, but of cardinal jurisprudential and practical significance as it brings to the fore the fact that the qualities of personality […]

Ilaria Kutufà, ‘The Financial Distress Of Individual Debtors: Points For A De Jure Condendo Reflection From A Comparative Perspective’

Abstract The article deals with the issue of over-indebtedness, which is perceived – depending on the regulatory model adopted – either as a social problem or as a market failure. In this context, it is possible to distinguish between the welfare state (debtor oriented) and the liberal (creditors oriented) regulatory models. The comparative study of […]

‘What happens to copyright in the UK following Brexit?’

“The terms of the UK’s future relationship with the EU have yet to be concluded and so there is inevitably a degree of uncertainty about what Brexit ultimately means for copyright in the UK. Recent developments in parliament mean the Brexit uncertainty is higher than ever …” (more) [Jeremy Blum and Toby Headdon, Kluwer Copyright […]

‘2019 forecast: Sun shines on consumer sales contracts’

“Over a week ago, on December 7, the Council has announced reaching an agreement on the revision of the sales of goods directive (Consumer Sales Directive 1999/44/EC) (More unified rules on contracts for the sales of goods: Council agrees its position). This means that there is a chance for the European Parliament to adopt the […]

‘Dispute settlement and the Brexit withdrawal agreement’

“One of the more contentious issues in the Brexit withdrawal agreement is dispute settlement, in particular whether the Court of Justice of the European Union (CJEU) still retains jurisdiction regarding the UK. This blog post first presents an overview of the issue, and then a detailed annotation of all the provisions in the withdrawal agreement […]

Marco Rizzi, ‘A Dangerous Method: Correlations and Proof of Causation in Vaccine Related Injuries’

Abstract In June 2017 the Court of Justice of the European Union (CJEU) handed down a complex decision on the liability of vaccine producers. The reference for a preliminary ruling stemmed from a French case in which a hepatitis B vaccine manufactured by Sanofi Pasteur allegedly caused personal injury to Mr W in the form […]