Category Archives: European Private Law
Kiwumulo George, ‘The harms caused by the Internet of Things: categorising damage and legal liability under the EU and UK liability frameworks’
ABSTRACT The Internet of Things blurs the line between virtual and physical worlds. Increasingly, adaptive and autonomous IoT systems have changed the way we interact socially and economically; emerging technology will continue to integrate pervasive IoT systems into society. These systems are increasingly complex, and the likelihood of harm is high. Existing laws and regulations […]
Hong Wu, ‘The Duty-of-Care Dilemma of Companion AI in Mental Health: Care Ethics and Regulatory Responses under EU Law’
ABSTRACT Companion AI in mental health, anthropomorphic conversational systems providing emotional support across sustained periods of use, has moved from prototypes to mass-market products, and recent suicide cases in Europe and beyond have brought its risks to the centre of EU digital governance. This article argues that the EU’s regulatory framework, the AI Act, the […]
David Erdos, ‘The CJEU limits freedom of expression under the General Data Protection Regulation (GDPR): C-199/24 Legal Newsdesk Sweden’
ABSTRACT Legal Newsdesk concerned a paid search service providing criminal information on individuals. Disclosure was not oriented towards a collective public and so clearly fell outside of journalism. The CJEU further held that journalistic disclosure must be ‘in compliance with the rules and codes of conduct of the profession of journalist’ and ‘factual allegations’ must […]
Marco Pasqua, ‘Towards a SLAPP-Aware EU Private International Law Framework?’
ABSTRACT Strategic lawsuits against public participation (SLAPPs) raise distinctive challenges for European Union private international law. While the Anti-SLAPP Directive establishes a common procedural framework for addressing abusive litigation, it does not provide a comprehensive response to the private international law questions that arise when SLAPPs cross borders. This article examines those questions across three […]
Martínez-Ramil and Kerikmäe, ‘Who is Accountable for the Algorithm? Assessing the Effectiveness of the EU’s Approach Towards AI Liability’
ABSTRACT This chapter examines the European Union’s approach to civil liability for artificial intelligence systems. It considers how responsibility should be allocated when AI systems cause harm, taking into account the technical complexity of the AI lifecycle and the multiple actors involved in the design, development, deployment and operation of AI systems. Against this background, […]
‘The Common Core of European Private Law’, 32nd Annual General Meeting, Krakow, 13-14 May 2027
The 32nd Annual General Meeting of ‘The Common Core of European Private Law’ project, focused on Long-Term Business Relations and Comparative Private Law, will take place on May 13-14, 2027 at the Faculty of Law of the Jagiellonian University of Krakow, Poland, under the direction of Professor Piotr Tereszkiewicz. The program and the registration details […]
Molinari, Giacalone and Ferraris, ‘Relational Access-to-Justice, Smarter Remedies: AI-Supported Resolution in Labour and Family Disputes’
ABSTRACT This article examines how AI-supported tools may improve access to justice in labour and family cases, understood as relational access-to-justice disputes. Rather than treating AI as a substitute for judicial decision-making or expert legal assessment, the paper conceptualises it as an accountable guidance mechanism that helps parties understand procedural options, costs, timeframes, safeguards, and […]
Peter Teunissen, ‘A Fence Full of Gaps: Pastiche and Creative Reuse in EU Copyright Law’
ABSTRACT This article examines how EU copyright law accommodates creative reuse within its closed system of exceptions and limitations. While the reproduction right encompasses a broad range of derivative and transformative uses, the Court of Justice has consistently rejected the possibility of relying on fundamental rights to create exceptions beyond those provided for by the […]
Davronbek Abdugaffarov, ‘Product Liability for Artificial Intelligence in Germany and an Agenda for Modernisation in Uzbekistan and the CIS’
ABSTRACT Germany is currently completing one of the most significant modernisations of its product liability law in four decades. The Regierungsentwurf implementing Directive (EU) 2024/2853, submitted to the Bundestag in February 2026 and scheduled to enter into force by 9 December 2026, for the first time defines software and artificial intelligence systems as ‘products’ capable […]
Hanna Churpita and others, ‘Legal Certainty in Substantive Law as a Condition for Effective Civil Proceedings: The Perspective of the European Court of Human Rights’
ABSTRACT Historically, the effectiveness of civil proceedings has been analyzed mainly through procedural guarantees; the case-law of the European Court of Human Rights, however, increasingly shows that the quality of substantive regulation also affects the practical effectiveness of judicial protection. Under conditions of normative instability and broad judicial discretion, legal certainty acquires systemic importance for […]