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European Private Law

This tag is associated with 8 posts

New EU insolvency rules give troubled businesses a chance to start anew [EU Legislation in Progress]

In 2012, the Commission proposed to recast the 2000 Insolvency Regulation in order to address the cross-border aspects of insolvency in the EU. Adopted in 2015, the recast regulation introduced clear rules on the jurisdiction and law applicable to a debtor’s insolvency proceedings and made mandatory the recognition of those proceedings in other EU Member States. Continue reading

Contracts for the supply of digital content and digital services [EU Legislation in Progress]

The digital content directive was proposed by the European Commission as part of a legislative package, alongside the online sales directive, to facilitate the development of the internal market for such content. Continue reading

EU competence in private law

Written by Rafał Mańko The notion of private law, as opposed to public law, has a long tradition and is of great importance in most EU Member States. National private law is seen as the constitution of civil society and enjoys a high degree of democratic legitimacy with regard to social justice. However, that distinction … Continue reading

Brand protection: new trends in EU case-law

At present, EU law and especially the case-law of the Court of Justice of the EU (CJEU) provides wide-ranging protection of brands, which are considered as trademarks in law, covering such functions of trademarks as their use for the purposes of advertising, investment and communication with consumers. However, this approach causes controversy because it broadens … Continue reading

Common European Sales Law

6 language versions available in PDF format Gemeinsames Europäisches Kaufrecht Normativa común de compraventa europea Droit commun européen de la vente Diritto comune europeo della vendita Wspólne europejskie przepisy dotyczące sprzedaży Common European sales law The proposed Common European Sales Law (CESL) is intended to create a uniform set of contract rules available to traders … Continue reading

Trademark reform package

For more than 15 years there has been a dual system of trademark (TM) law in Europe: an EU-wide Community TM (CTM), and harmonised national TMs. The Commission proposal aims at more harmonisation and coordination, but does not address TM-related concerns over free expression. Background The current EU legal framework on TMs encompasses the TM … Continue reading

Private law, democracy, fairness

The famous political philosopher John Rawls (1921-2002) put forward a theory of justice according to which the ‘basic structure of society‘ (its political, legal and economic arrangements) has the key task of distributing benefits and burdens among members of that society. Whether a given society is fair, depends ultimately on its ‘basic structure‘. A controversial … Continue reading

Methods for unifying private law in the EU

Private law regulates rela­tionships between private individuals, for example between a consumer and a business. The EU may legislate in this area only where specifically authorised by the Treaties, for instance to harmonise national private-law rules posing obstacles to the functioning of the internal market, or to promote judicial cooperation in civil matters. The two … Continue reading

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