Category Archives: European Private Law
Rzewuski and Rzewuska, ‘The public policy exception as grounds for refusing to apply foreign law in succession cases’
ABSTRACT Increasing migration flows in Europe and the world will contribute to a rise in cross-border succession proceedings. As a result, when hearing a succession case, a domestic court should not only be familiar with, but should also apply the foreign law indicated by an authoritative conflict-of-law rule in the same manner that the foreign […]
Pablo Pellon Ricciardi, ‘Lliuya v RWE: A Leap Forward for Private Climate Litigation?’
ABSTRACT This case note examines the judgment issued by the Higher Regional Court of Hamm, Germany, regarding the claim brought by the Peruvian individual Saúl Lliuya against the multinational energy company RWE. It analyses the most noteworthy aspects of the judgment, highlighting causation and the relationship between public and private law. Furthermore, it discusses the […]
Kaarlo Tuori, ‘How private is European transnational private law?’
European transnational private law is an offshoot of European regulatory private law. A critical analysis of European transnational private law as a putative new field of law presupposes a critical analysis of the credentials of European regulatory private law. Let me present my analysis in the framework of the systematization of law. During the 20th […]
Dadush, Schönfelder and Streibelt, ‘What does the EU CSDDD Say about Contracts?’
ABSTRACT This paper was prepared by members of the Responsible Contracting Project team to analyze the content of the EU Corporate Sustainability Due Diligence Directive (CSDDD) with respect to commercial contracts. The CSDDD was published in the Official Journal of the European Union and entered into force in July 2024. In February 2025, the European […]
Call for Papers: Global Harm, Local Justice | The Future of Cross-Border Torts: Online, 6 February 2026
We invite submissions for the virtual conference ‘Global Harm, Local Justice: The Future of CrossBorder Torts’, which will take place on 6 February 2026. The conference brings together early career researchers to explore contemporary challenges in crossborder torts and private international law. It takes place against the backdrop of potential reform of both the Brussels […]
Péter Mezei, ‘Memorization and Generative AI – A Persistent Issue with Copyright Consequences?’
ABSTRACT One of the central concerns of the generative artificial intelligence arcade is whether the training of an AI model runs against copyright laws or not. As a part of the debate, various technological concepts have emerged and served the basis of legal analysis. The present chapter aims to review ‘memorization’ from a copyright perspective. […]
Jasper Verstappen, ‘Ownership, Possession, and Control of Digital Assets in Civil and Common Law’
ABSTRACT Digital assets challenge property law’s ontology of things. National property laws diverge as to the types of digital assets recognised as property as well as the degree of recognition afforded. Their lack of a physical instantiation, coupled with the fact that digital assets are neither contingent upon recognition by the legal system nor upon […]
Václav Janeček, ‘Loss of Control over Personal Data as GDPR Damage’
ABSTRACT Our internet activity produces vast amounts of personal data which is collected by online tracking ecosystems, at scale, often in violation of the General Data Protection Regulation (GDPR). Against this background, this paper explores whether ‘loss of control over personal data’, which is a typical characterisation of harms suffered by individuals due to illegal […]
‘Personhood Across Borders – The Mar Menor Before Swiss Authorities’
On 10 July 2025, the Swiss State Secretariat for International Finance (SIF) recognized the Spanish saltwater lagoon Mar Menor as a legal subject – at least to the extent of granting it access to environmental information. This decision followed a request for information submitted by the lagoon’s legal representative. The case demonstrates that the legal […]
Dominika Moravcová, ‘Cross-Border Dispute as a sine qua non in the Regulation Establishing the European Small Claims Procedure’
ABSTRACT This article focuses on the European Small Claims Procedure, with a particular emphasis on its application in cross-border cases. It specifically examines the fulfilment of the sine qua non condition under ratione materiae, namely the crossborder element, analysed through the lens of the Court of Justice’s case law concerning this Regulation, as well as […]