Category Archives: European Private Law
‘Do we want to be the best small country in the world for class action law suits?’
When Enda Kenny promised on the election trail in 2011 that he would make Ireland the best small country in the world in which to do business, he was leaning into the strategy that lifted the country out of poverty over the previous three years; find a niche in the global economy and pursue it […]
Bonadio and Pollicino, ‘From Wall to Compass: Modernising EU Copyright in the Generative AI Era’
ABSTRACT This article examines the evolving challenges and opportunities at the intersection of generative artificial intelligence and EU copyright law. It argues that copyright should serve not as a barrier but as a guiding compass: supporting both the protection of human creators and responsible AI innovation. The authors recommend a balanced framework that allows measured […]
‘European Union Product Liability Law and its (Uncertain) Future – Some Thoughts on LF v Sanofi Pasteur case’
It is difficult to overstate the importance of the forthcoming judgment of the European Court of Justice (ECJ) in LF v Sanofi Pasteur. The judgment, if it follows the recent opinion of ECJ’s Advocate General (AG) Medina, is likely to create a major shift in the system of liability established by the EU’s Product Liability […]
Helen Dixon, ‘GDPR is not loved, but does it work?’
SEVEN YEARS ON FROM GDPR There can be little doubting the scale of activity seen in the years since the introduction of the General Data Protection Regulation (GDPR) in 2018. Mountains of guidance have been published by national regulators, and the staffing levels of those agencies have vastly increased. Hundreds of millions of euros have […]
Atamer and Wittum, ‘Sustainability due diligence in international sales contracts: insights from the CISG’
ABSTRACT International contracts and, specifically, international sales contracts are increasingly employed by soft law instruments and regulators alike as tools to advance sustainability by addressing adverse impacts on human rights and the environment. Notable examples of this trend are the United Nations Guiding Principles on Business and Human Rights, the Organisation for Economic Co-operation and […]
‘Dialogues: Interrogating the Foundations of European Transnational Private Law’ (Maastricht Journal of European and Comparative Law)
Introducing European transnational private law – A conversation starter (Anna Beckers, Hans-Wolfgang Micklitz, Rodrigo Vallejo and Pia Letto-Vanamo) On the Europeanness of transnational private law: Human rights due diligence laws inside and out (Chantal Mak) How private is European transnational private law? (Kaarlo Tuori) European solidarity and the imaginative ordering of markets (Damian Chalmers) Three […]
Tom Hick, ‘Claiming Back Anticipatory Performance after Failed Negotiations – A Comparative Analysis of Alternatives to Precontractual Liability’
ABSTRACT As a matter of principle, breaking-off negotiations or refusing a contract offer are lawful actions. For based on freedom of contract, each individual is free to contract, free to choose one’s counterpart and the content of the contract, and equally free not to contract. Only exceptionally can a party be held liable for breaking-off […]
Guinea, Pandya, Sharma and Zilli, ‘Mass Litigation and the Future of Litigation Funding in Ireland and Europe’
SUMMARY Across Europe, collective actions are on the rise. Expanding liability regimes and the rapid growth of third-party litigation funding (TPLF) are fueling a new wave of lawsuits that reach far beyond traditional consumer claims. Ireland has until now been shielded by common law restrictions on TPLF, but that protection is weakening. The transposition of […]
Cherednychenko and de Bruin, ‘Horizontal Effect of Fundamental Rights’
ABSTRACT This Chapter examines the role of fundamental rights (or human rights) in private law disputes on climate-related issues, focusing on the horizontal effect of such rights in general private law, particularly tort law. The central question is: how and to what extent can and should fundamental rights enshrined in national constitutions and international instruments […]
Karen Lynch Shally, ‘Third-Party Litigation Funding: Irish Reform, Regulatory Tensions and European Influence’
ABSTRACT Ireland is anomalous among its international common law counterparts and fellow EU Member States in its continued prohibition of third-party litigation funding despite the access to justice benefits it may yield. Although the future role of commercial funding as an aspect of the Irish legal landscape is yet to be determined, a development of […]