Category Archives: European Private Law

David Erdos, ‘Identification in EU Data Protection Law’

ABSTRACT Although the new EU data protection framework includes new pan-European limits based on notions of non-identification, these provisions cannot be construed in a sweeping or linear fashion. Non-identified data can only include information which is not being used to target a specific individual on- or offline and which does not readily and manifestly enable […]

Ole Aldag, ‘Due Diligence and Environmental Damages Under Rome II’

ABSTRACT Within the European Union, the Rome II Regulation determines the applicable law on cross-border matters of non-contractual nature. The paper examines the applicable law on environmental-related tort claims against European multi-national companies utilizing production facilities in third countries, either based on active misconduct or on alleged omission of environment-related due diligence. As these types […]

‘European Private International Law’

“Geert van Calster has just published the third edition of the book titled European Private International Law: Commercial Litigation in the EU with Hart. The blurb reads as follows: ‘This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the […]

Christian Von Bar, ‘Contract Law and Human Dignity’

ABSTRACT The second Ole Lando Memorial Lecture is about the influence of the constitutional protection of human dignity on private contract law. The paper argues that where violations of human dignity occur, it is no longer possible to distinguish between the vertical and horizontal effects of fundamental and human rights. The article demonstrates this using […]

Vera Lúcia Raposo, ‘I (Won’t) See You in Court Alternative Dispute Resolution for Medical Liability Conflicts: Examples from Europe’

ABSTRACT In many jurisdictions, courts and the related tort liability rules have failed to adequately address conflicts arising from healthcare delivery that has caused harm. The litigation model – the classic model used to deal with medical liability – must be, if not replaced, at least supplemented by another model, and alternative dispute resolution is […]

Francesco Paolo Patti, ‘Personalized Unfair Terms Control: EU Law Meets Innovative US Doctrines’

ABSTRACT According to part of the US scholarship, the use of big data and prediction algorithms could entail a paradigmatic change in contract law: No longer would one have general and abstract legal norms, but rather granular and personalized ones, customized on the needs and features of the contracting parties. This shift to a law […]

Martijn Hesselink, ‘Towards a Critical Theory of Justice in European Private Law’

ABSTRACT This paper formulates core elements of a critical theory of justice in European private law. It first outlines the focus, scope and priorities of a justice approach towards private law. Then, it critically examines the injustice of certain core features of European private law’s basic structure. Finally, it briefly considers some key differences between […]

Thomas Streinz, ‘The Evolution of European Data Law’

ABSTRACT This new chapter for the next edition of Paul Craig and Gráinne de Búrca’s Evolution of EU Law conceptualizes European data law as an area of EU law that gravitates around but transcends data protection law. It traces the origins of the EU’s data protection law to national and international antecedents, stresses the significance […]

Magdalena Kučko, ‘The right to double compensation where the re-routed flight suffers a long delay – Upholding high standards of EU consumer protection’

ABSTRACT In March 2020, the CJEU delivered its judgment in the Case C-832/18 A and Others v Finnair Oyj concerning the application of EU Regulation 261/2004 on air passenger compensation. It considered whether passengers are entitled to compensation for cancellations or long delays of ‘re-routed’ flights to which they have been placed following cancellations of […]

Just Published: Wortgebunden – Zur Verbindlichkeit von Versprechen in Recht und Literatur (Albers, Harst and Kaesling eds)

Die Selbstbindung durch das gegebene Wort ist eine Grundbedingung des gesellschaftlichen Lebens. Das Versprechen wirkt in der Moral, im Recht, aber auch in der Liebe. Es gewährt daher einen Blick auf das Verhältnis dieser verschiedenen Formen sozialer Verbindlichkeit zueinander. Weil das Versprechen seine eigene Wirkung aber nie gewährleisten kann, sondern immer voraussetzen muss, wirft es […]