Category Archives: European Private Law

‘European Contract Law in the Post-Brexit and (Post?)-Pandemic United Kingdom’: Hector MacQueen, Zoom, 29 September 2021

The Ole Lando Memorial Lecture series was launched in 2019 in memory of the Danish lawyer Professor Ole Lando (1922-2019). Professor Lando was a Founding Member of the ELI and a leading private international lawyer. Among many achievements of his long and varied career were the ‘Principles of European Contract Law’ which have been highly […]

‘No “German injunction gap” expedition in Abbott v Dexcom global diabetes battle, as Mr Justice Mellor expresses “some regret”’

“After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions. The second of these decisions, Abbott v Dexcom [2021] EWHC 2246, concerned Abbott’s latest application to expedite a patent […]

Oskar Josef Gstrein, ‘The EU Digital COVID Certificate: A Preliminary Data Protection Impact Assessment’

ABSTRACT On 20 May 2021, the European Commission, Council and Parliament announced a breakthrough in the trialogue negotiations to establish the European Union (EU) Digital COVID Certificate. Originally, this standardisation effort was labelled as ‘Digital Green Certificate’ and – ‘[i]n view of the urgency’ – presented without a data protection impact assessment. It should allow […]

Joyman Lee, ‘Settlor’s Retention of Powers in Civil Law Trusts’

… This article examines the role of the settlor in civil law trusts with reference to the Japanese and Chinese trusts as well as the French fiducie. Unlike the common law trust, which Donovan Waters describes as the ‘property model’ in the sense that ‘it is the proprietary element that particularly catches attention’, the ‘obligational […]

‘CJEU on donation mortis causa under the Succession Regulation in the case UM, C-277/20’

“This Thursday, the Court of Justice delivered its judgment in the case UM, C-277/20, where it clarifies whether a donation mortis causa may fall within the scope of the notion of ‘agreement as to succession’ in the sense of the Succession Regulation. The request for a preliminary ruling in this case arises out of proceedings […]

Eleonora Rosati, ‘Linking and Copyright in the Shade of VG Bild-Kunst

ABSTRACT In VG Bild-Kunst, the Grand Chamber of the ECJ has expressly held, for the first time, that linking to a copyright work lawfully published on a third-party website may be restricted through contract and not solely through technical restrictions on access (for instance, a paywall). To this end, however, the concerned rightholder is required […]

‘Waves of change – CJEU in Irish Ferries (C-570/19)’

“Usually, we focus on and discuss air passengers’ rights on this blog, as Regulation No 261/2004 is one of the instruments of consumer protection that seems to raise a lot of questions. Last week, however, the CJEU issued a judgment in the Irish Ferries case (C-570/19) pertaining to the rights of passengers of the sea […]

‘Unfair terms case law in the first half of 2021: a retrospect’

“With the fall approaching, and the new case law season gradually unfolding, we decided to take a look back at the first half of 2021 and survey the developments in various consumer protection domains. In this post we present a short recap of the CJEU unfair terms case law, highlighting the cases we have not […]

Wojtczak and Ksiezak, ‘Causation in Civil Law and the Problems of Transparency in AI’

ABSTRACT Although a number of European Union legal documents require AI to be transparent, this is frequently not the case. Such opacity can be attributed to a diverse range of causes, ranging from so called ‘black box’ algorithms, trade secrets and patents, to the cognitive barriers of non-professionals. Transparency, in contrast, is, in many cases, […]

Jack Brett, ‘EU Law and Procedural Autonomy in International Commercial Arbitration’

ABSTRACT This article examines the impact of EU law in international commercial arbitration. EU law has become increasingly relevant in the world of commercial arbitration and while this may not at first seem to be a problem, this article argues that EU law has a distinctive nature which makes it fundamentally incompatible with the arbitral […]