Category Archives: European Private Law
Ali Sadhik Shaik, ‘Liability Allocation in Autonomous Industrial Systems: Who Pays when the AI is Wrong?’
ABSTRACT When an autonomous robotic arm in a German automotive plant misidentified a component orientation and caused a collision that injured a line operator in 2024, six parties claimed they were not liable: the robot OEM (the arm performed within mechanical specifications), the AI vendor (the vision model met contractual accuracy thresholds), the system integrator […]
Bertelli and Peluffo, ‘Consumer Education for Sustainability and Market Citizenship: A European Private Law Perspective’
ABSTRACT The common values implied in the principle of sustainable development are reshaping the economic model of a ‘competitive social market economy’ in the EU internal market, as well as the overall approach to EU law. In this context, consumer education is essential to help individuals to make informed choices that support sustainability. Both consumers […]
Chinglong Lim, ‘Regulating Unfair Terms in Standard-Form Contracts: A Comparative Study of French and Cambodian Law’
ABSTRACT This article examined the regulation of unfair contract terms in Cambodian consumer law through a comparative analysis with French and European Union legal frameworks. It focused on the widespread use of standard-form contracts in modern commerce. These contracts have increased concerns about structural imbalances between businesses and consumers, especially in jurisdictions where legal protections […]
Gralf-Peter Calliess, ‘Consumer Contracts under Article 6 Rome I’
ABSTRACT This chapter analyses purpose, scope, legislative history and content of Article 6 of the so called Rome I Regulation (EC/593/2008) on the basis of the normtext, jurisprudence of the CJEU and Member State courts as well as textbooks and law journal articles of leading experts in EU private international law. Calliess, Gralf-Peter, Consumer Contracts […]
Uglješa Grušić, ‘Jurisdiction in Employment Matters Post-Brexit’
ABSTRACT This article deals with the jurisdiction of the civil courts and employment tribunals in employment matters post-Brexit. It focuses on the somewhat defective transposition of the rules of jurisdiction in employment matters of the Brussels Ia Regulation in sections 15A and 15C-15E of the Civil Jurisdiction and Judgments Act 1982 and the unclear relationship […]
James Devenney, ‘Brexit, consumer law and legal pluralism: the case for an optional instrument on core consumer law’
ABSTRACT This article challenges the view that Brexit was a vote for a bonfire of core consumer law of European union (EU) origin. It explores evidence that regulatory differences are impacting on United Kingdom (UK) businesses’ trading in the EU; as well as EU businesses’ appetite to trade in the UK. In consumer sales such […]
Anna Zielkiewicz, ‘Can you Trademark a Vibe? The Architecture of Origin: Multisensory Signs and the Limits of EU Trademark Law’
ABSTRACT Marketing trends increasingly permeate trademark law and redefine how consumers perceive them: not merely as identifiers of commercial origin, but as experiences, atmospheres, and symbolic cues. This shift compels the law to extend protection to non-traditional signs, because consumers are neurologically predisposed to register and recall distinctive sensorial configurations, thereby enabling such features to […]
Josef Drexl, ‘EU Copyright Reform: Between Promoting AI-Based Innovation and Safeguarding the Livelihood of Authors and Democracy’
ABSTRACT The advent of generative AI which enables the production of high-quality content comparable to copyright protected works at significantly lower costs, poses a significant threat to the livelihoods of many creative professionals. If these professionals were driven out of the market, this could also have serious implications for democracy. In response to this situation, […]
Aleksandrs Fillers, ‘Extension of consumer protection in EU private international law’
ABSTRACT The protection of weaker parties is one of the cornerstones of EU private international law. Consumers are traditionally regarded as typical weaker parties that deserve special protection at the level of private international law. The Brussels Ia Regulation and the Rome I Regulation do not protect all consumers. To be protected, consumers must meet […]
Kalpana Tyagi, ‘Generative AI, EU Press Publishers’ Rights and the Australian News Bargaining Approach: Copyright and Competition Law as Enablers of Media Plurality’
ABSTRACT The rapid rise of large digital platforms, such as Google and Meta, and their unauthorized use of news snippets and crawling adversely influence the incentives and remuneration received by press publishers, and journalists. To remedy this adverse outcome, in 2019, the EU’s Copyright in the Digital Single Market Directive (2019 CDSM) implemented in Article […]