Category Archives: European Private Law
von Hein, Vuattoux-Bock and Kock, ‘The CISG and European sales law: Impulses for the notion of consumer and the sale of digital goods’
ABSTRACT This article examines the essential role of a dynamic interpretation of the United Nations Convention on Contracts for the International Sale of Goods (CISG) amid the challenges of digitalization and globalization. Notwithstanding the principle of an autonomous interpretation of the CISG, this comparative article analyses whether lessons from recent European legislative developments – that […]
Geiger, Bossi and Di Lazzaro, ‘The Voss and Jensen Parliamentary Reports on Copyright and Generative AI: A Wrong Step in the Right Direction?’
ABSTRACT This Opinion paper critically examines the European Parliament’s ‘Report on Copyright and Generative AI’ (‘Voss Report’) adopted on 10 March 2026 and its many proposals. It argues that despite very valid concerns on author’s and performer’s remuneration and interesting ideas on how to improve the existing legal framework of copyright in the EU with […]
Morell and Schellenberg, ‘The Incentive Structure of Litigation Finance: How Free Coordination Turns Financed Collective Redress into an Indispensable Internalization Tool’
ABSTRACT This paper cautions against the regulation of third-party litigation funding (TPLF) in the EU. TPLF is indispensable for enabling collective redress, which in turn is indispensable for internalizing externalities in a free market economy. Looking at the governance structure of TPLF more closely, we argue that contractual coordination and private incentives are sufficient to […]
‘Third-Party Litigation Funding in the European Union’ (Symposium, European Review of Private Law)
Transparency and Judicial Oversight in Third-Party Litigation Funding in Europe: Regulatory Approaches and Market Perspectives (Adriani Dori and Xandra Kramer) The Economics of Litigation Financing (Winand Emons and Francesco Parisi) Controlling Third-Party Litigation Funding in the EU: The Regulative Force of Soft Law (Maria Cecilia Paglietti) Settlements and Trial Control in Third Party Litigation Funding: […]
Patricia De Moraes Paisani Matthey Claudet, ‘Pay or consent to have your data used – the complex intersection between the DMA and data protection rules’
ABSTRACT One of the objectives of the Digital Markets Act (DMA) is to prevent gatekeeper platforms from employing their data advantage to create barriers to new entrants. To achieve that, the DMA uses the concept of GDPR consent in Article 5(2) DMA. While this can be seen as a recognition of the synergy between the […]
Laura Herrerías Castro, ‘Liability of Generative AI for Defamation’
ABSTRACT This article explores the potential liability of generative AI (GenAI) operators for reputational harm under the EU legal framework, with a focus on three possible legal grounds: defamation, product liability, and non-contractual liability. National defamation law faces significant challenges in addressing AI-generated content in the absence of human intent or editorial control. While the […]
‘Litigating Human Rights of the Mind: US Social Media Litigation as a Wake-Up Call for Human Rights’
Last week, two US courts for the first time found Meta and Google (YouTube) liable for inflicting harm on users and for violating consumer protection law. These judgments come at a time when European digital policy is under geopolitical pressure and, at the same time, social media bans for children and adolescents are being discussed […]
‘Copyrighting Voice and Image: How Denmark’s New Deepfake Law Challenges Traditional Personality Rights in Europe’
With the increasing proliferation of deepfakes and rapid development of artificial intelligence, Denmark has become the first country in the European Union to specifically protect one’s image and voice with a new legislative initiative. As of 31 March 2026, a new intellectual property right is expected to enter into force, modelled as a neighbouring right […]
Annika Memmel, ‘The EU Anti-SLAPP Directive: (Un) Founded Optimism?’
ABSTRACT In April 2024 the EU adopted the Anti-SLAPP Directive which needs to be transposed by 7 May 2026. Strategic Lawsuits against Public Participation (SLAPPs) target public watchdogs such as journalists and NGOs who express themselves on matters of public interest. The primary objective of these lawsuits is not to win the case but to […]
Adriani Dori, ‘The Methodological Influence of European Private International Law on Domestic Legal Systems: A Downstream Analysis’
ABSTRACT The European Area of Freedom, Security and Justice (AFSJ) is the key factor for the smooth operation of the Internal Market, aimed at ensuring the free movement of people, goods, and services within the EU while maintaining security and justice for more than 450m market participants. Private International Law (PIL) plays a significant role […]