Category Archives: European Private Law
Jan Willem Verbeke, ‘Cooperation in Construction Projects. What Does Contract Law Have to Offer?’
ABSTRACT Due to the inherent complexity of a construction project (in particular the long duration, the large number of parties involved, the complexity of the subject matter and the uncertainty of environmental factors), cooperation and communication between all parties involved is required to complete the construction project. This article briefly examines how the duty to […]
Adrian Briggs, ‘What remains of the Brussels I Regulation in the English conflict of laws?’
ABSTRACT The paper argues that whether we are concerned with retained or assimilated EU laws, or with rules of UK law made as close copies of EU laws, initial encouragement to interpret them as though they were still rules of EU law is coming to be, and should be, replaced by a cooler realisation that, […]
Maurizio Borghi, ‘The universal nature of performers’ rights under EU law (a note on Case C-265/19, Recorded Artists ActorsPerformers v Phonographic Performance Ireland)’
ABSTRACT Copyright’s neighbouring rights have been the subject of several referrals to the Court of Justice of the European Union (CJEU). In its judgment of 8 September 2020 in Case C‑265/19 (Recorded Artists Actors Performers Ltd v Phonographic Performance (Ireland) Ltd), the Court has defined for the first time the subjects of the right to […]
Gareth Davies, ‘Consent or Pay: Transforming Internet Users from Products into Customers’
ABSTRACT The recognition in Meta that consent-or-pay models for online services are in principle lawful has caused concern that data protection and privacy are now only available to those who pay, whereas they should be fundamental rights. There is considerable attachment among lawyers to the pre-Meta idea that whether not personal data is provided should […]
Overheul, van den Bos and Rijnhout, ‘Reactions to no-fault compensation schemes for occupational diseases in the Netherlands: the role of perceived procedural justice, outcome concerns and trust in authorities’
ABSTRACT Financial redress for victims of occupational diseases can be offered through no-fault compensation schemes. No-fault compensation schemes have an explicit mission in promoting perceived fairness and justice. The objective is to offer a quick, fair and just procedure and outcome, while preventing civil court procedures and restoring trust. However, the question is whether applicants […]
24th Annual Conference on European Tort Law, Vienna, 24-25 April 2025
The 24th Annual Conference will be held in Vienna from April 24 to 25, 2025 in the Festive Hall of the Austrian Academy of Sciences (Dr Ignaz Seipel-Platz 2, 1010 Vienna). It provides a unique opportunity for both practitioners and academics to discover the most significant tort law developments from across Europe in 2024 … […]
Mezei, Senftleben, Sganga and Geiger, ‘Opinion of the European Copyright Society on CG and YN v Pelham GmbH and Others, Case C-590/23 (Pelham II)’
ABSTRACT In its questions for preliminary ruling, the German Federal Court of Justice asked for clarification as regards the definition of pastiche under EU copyright law; and, in essence, whether and how this concept applies to musical sampling. In the present Opinion, the European Copyright Society takes the view that pastiche is an autonomous concept […]
Isola and Esposito, ‘Better Call Your Lawyer: Dark Patterns are Best Understood as Unfair Commercial Practices’
ABSTRACT This article offers a clear definition of dark patterns and a comprehensive classification thereof using the framework provided by Directive 2005/29 on unfair commercial practices. The analysis builds on a systematic literature review that analyses how dark patterns are defined and the types of dark patterns discussed in 77 articles. Accordingly, we define a […]
Giovanni Maria Riccio, ‘Artificial Intelligence and Copyright: Rights and Remuneration’
ABSTRACT Throughout human history, whenever a new device has been invented, society has continued to move forward, never regressing to an earlier stage. Therefore, when we are analysing the problems posed by artificial intelligence (AI) systems and, specifically, those posed by generative AI (GenAI), we must assume that there will be no regression to the […]
Funding for two joint PhD projects in Comparative Trusts Law (Melbourne/Bonn)
We have secured scholarship funding for two joint PhD positions (Universities of Melbourne and Bonn) in comparative trusts law. One project would be based primarily in Melbourne, with a 12-month stay at Bonn; the other would be based primarily in Bonn with 12 months in Melbourne. We would jointly supervise both projects, and upon successful […]