Category Archives: European Private Law

Wenlong Li, ‘Between incrementalism and revolution: How the GDPR right to data portability is revamped by the EU and the UK post Brexit’

ABSTRACT The right to data portability is facing a new lease of life not long after the GDPR takes effect. Post Brexit, the EU and the UK have respectively released blueprints for making this right truly work for data subjects. This means that the undue constraints imposed on this right as a result of political […]

Gabriella Gimigliano, ‘The “payment system” as a normative paradigm in the European harmonisation process’

ABSTRACT Money, history and the European legal framework are among Professor Benjamin Geva’s leading research interests. I am truly delighted to share this area of study with him, and I am honoured to participate in this publishing project. My essay aims to analyze how the payment system has become a normative paradigm in the European […]

Christoph Busch, ‘Rethinking Product Liability Rules for Online Marketplaces: A Comparative Perspective’

ABSTRACT Over the past decade, the rise of online marketplaces such as Amazon.com has profoundly changed the retail landscape. The current pandemic has further accelerated consumers’ shift towards online buying in general and online marketplaces in particular. As a result, traditional distribution chains have been replaced by a market structure dominated by digital intermediaries. While […]

Christina Angelopoulos, ‘Communication To The Public And Technological Restrictions Against “Framing” Copyright Works’

“In recent years, the legality of linking to copyright-protected works has been diligently explored in the case law of the Court of Justice of the European Union (CJEU). With its judgment of 9 March 2021 in VG Bild Kunst (C-392/19, ECLI:EU:C:2021:181), the court added another stone to the edifice of this case law. The question […]

‘Important new High Court judgment on data breach litigation’

“The High Court (Saini J) has today handed down judgment in Warren v DSG Retail Ltd [2021] EWHC 2168 (QB). It is pithy and important stuff for data protection litigation, especially as regards accidental data breaches and the recoverability of ATE premiums. The case concerned a low-value claim brought against Dixons Carphone (‘DSG’) in relation […]

Burkhard Hess, ‘Reforming the Brussels Ibis Regulation: Perspectives and Prospects’

ABSTRACT According to article 79 of Regulation (EU) 1215/2012, the EU Commission shall present a report on the application of the Brussels Ibis Regulation by 11 January 2022. This paper intends to open the discussion about the present state of affairs and the necessary adjustments of the Regulation. Although there is no need to change […]

‘New Judgment: X v Kuoni Travel Ltd [2021] UKSC 34’

“The Supreme Court unanimously allowed this appeal concerning whether a hotel employee working for the respondent was in breach of contract after having raped and assaulted the defendant, and/or gave rise to liability under the Contract and the Travel, Package Holidays and Package Tours Regulations 1992 (‘the Regulations’) …” (more) [UK Supreme Court Blog, 30 […]

‘Amendment of German patent law: small step or giant leap for proportionality?’

“As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here, earlier Katpost here, news coverage here]. Though the amendment contains various reforms – including an effort obtain quicker validity decisions to close […]

‘The First Postgraduate Law Conference of the Centre for Private International Law – University of Aberdeen’

“The Centre for Private International Law (CPIL) of the University of Aberdeen is pleased to host its first postgraduate conference, which is to be held on 17 November 2021. The Postgraduate Law Conference aims at bringing together early career scholars working in the private international law field or at the intersection of European Union law […]

Frosio and Bulayenko, ‘Website blocking injunctions in flux: static, dynamic and live’

“In Europe, website blocking is a popular tool to contrast online copyright and intellectual property rights (IPRs) infringement. The InfoSoc Directive and the IPR Enforcement Directive (IPRED) make available blocking injunction as a remedy to protect IPRs throughout the EU, although these measures are not implemented and applied in a uniform manner among the Member […]