Categorie: Tort law

Guest lecture in Trento on tort law in a European context in

29 March I had the honour of giving a lecture at the University of Trento, Italy. I met a very enthusiastic crowd of students, who came well prepared to the talk and eager to engage in fundamental questions around the concept of tort law and the role of the European Union in its development. The lecture was part of the course on Foundations of Private Law from an EU perspective within the programme of CEILS

Cour de Cassation refers PIP case to Paris Court of Appeal

On 10 October, the French Supreme Court ruled that the Court of Appeal in Aix-en-Provence had not sufficiently addressed the arguments of plaintiffs in the damages claim they have brought against TÜV Rheinland in relation to the defective PIP breast implants. It is another step in the complex litigation involving the illegal use of substandard silicone gel for the manufacturing of breast implants by the French company PIP. See for comments on the decision from

Visiting scholar at Oxford

I have had the pleasure of being an Academic Visitor at the Institute of European and Comparative Law from August to November 2018. My research stay was devoted to the project ‘The constitutionalization of private regulation’, a comparative research project in which I undertake to assess the conditions that govern the civil liability of private regulatory bodies. Funding is provided by the VENI Innovational Incentive Research scheme of the Netherlands Scientific Organisation (NWO). Read my short

BGH decides on TÜV Rheinland’s liability

The highest German court in civil matters, the Bundesgerichtshof, has denied a damages claim brought by a woman who received PIP breast implants against the certification body that was involved in the inspection of PIP production facilities TÜV Rheinland. This final judgment comes after the European Court of Justice of the EU had offered guidance to the Bundesgerichtshof as regards the scope of the inspection obligations TÜV Rheinland had under the applicable EU rules. For now,

Climate Change Liability

Guest lecture Prof. Marc Loth This week Marc Loth, Professor of Tort Law at Tilburg Law School, offers his account of the development of climate change liability. Climate change indeed is one of the global challenges for tort law. While in the US several of such liability claims were brought to the courts,they all have failed. At a moment when everyone in favor of climate change liability had almost lost hope, the District Court of

German follow up on CJEU ruling in PIP case

PIP Case on the Cause List on June 22nd The German Bundesgerichtshof announced on March 29th that the hearings in the case between Schmitt and TÜV Rheinland will be held on June 22nd. These hearing are planned after the Court of Justice of the European Union answered the questions raised by the German court through a preliminary reference procedure (Case C-219/15) in its decision of February 16th. Read the press release of the Bundesgerichtshof Read the decision

EU liable for delay in judicial procedures

General Court too slow in delivering judgements On January 10th, the General Court gave its first-ever damages award in the Gascogne case (T-577/14) for delayed proceedings within its own chambers. This decision was appealed by both the defendant (the EU) and the plaintiff (Gascogne). In the meantime, the Gascogne decision was confirmed by the Court’s rulings in Kendrion v. European Union (T-479/14 of 1 February 2017) and ASPLA v. European Union (T-40/15 of 17 February 2017). In

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