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European Union › Damages

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
A&O Shearman

Cryptocurrency, Specific Performance and Damages: Ether you get it or you don’t

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The High Court has upheld a decision to refuse to grant specific performance in respect of a non-payment default under an oral cryptocurrency loan agreement, but questioned whether damages should be calculated from the date...more

A&O Shearman

Breach it and weep: deemed fulfilment ain’t fictional

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The Court of Appeal has held that a party who prevents a condition precedent to their obligation to pay from being met cannot rely on the unfulfilled condition to escape their liability in debt....more

A&O Shearman

CJEU issues judgement in two joined cases on right to compensation for non-material damage for identity theft

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On June 20, 2024, the Court of Justice of the European Union (‘CJEU’) issued its judgment in two joined cases C-182/22 and C-189/22, Scalable Capital, on the right to compensation for non-material damages under Article 82(1)...more

McDermott Will & Emery

Mobility@McDermott: Monthly Update (02/2024)

McDermott Will & Emery on

1. Ruling of European Court of Justice on jurisdiction in product liability case- Another interesting judgment of the ECJ on jurisdiction in cross-border disputes was handed down on 22 February 2024 in a product liability...more

A&O Shearman

Deemed fulfilment is a legal fiction which is not part of English law

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The High Court has ruled that English law does not recognise a doctrine that deems conditions precedent to a debt as having been fulfilled where the reason they have not been is the fault of the person that would owe the...more

Jones Day

Patent Marking and e-Marking in Europe: Maximizing Benefits and Avoiding Pitfalls

Jones Day on

In Short - The Background: Patent marking refers to the practice of indicating on a product that its underlying technology is protected through a patent. As an alternative to traditional patent marking, e-marking displays...more

Paul Hastings LLP

The Russia-Ukraine War: Establishing a Claims Compensation Process

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Russia’s invasion of Ukraine has resulted in the United States, European Union, United Kingdom and numerous other jurisdictions implementing the most draconian economic sanctions ever imposed on a major economy. While those...more

Jones Day

Reversal of Burden of Proof Under Proposal for a New EU Product Liability Directive

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In Short - The Situation: The EU Product Liability Directive 85/374/EEC ("PLD") was adopted nearly 40 years ago and has remained almost unchanged since its inception....more

American Conference Institute (ACI)

[Event] 21st Annual Life Sciences IP Summit - September 27th - 28th, Munich, Germany

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Hosted by C5 Group, the 21st Annual Life Sciences IP Summit returns for another exciting year with curated programming with speakers from the pharma, biotech and medical device industries that will provide practical insights...more

Constangy, Brooks, Smith & Prophete, LLP

European Court of Justice rules on compensation and right to access under GDPR

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The European Court of Justice has issued two important decisions interpreting the European Union’s General Data Protection Regulation. One addresses the right to compensation for GDPR violations, and the other addresses the...more

Latham & Watkins LLP

CJEU Rejects Minimum Threshold for GDPR Claims

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The court determined that mere infringement of the GDPR is insufficient for a damages claim, but that there is no minimum threshold for non-material damages. In a recent judgment (Case C-300/21), the Court of Justice of...more

Spirit Legal

Restitutio in Integrum

Spirit Legal on

A Fresh Perspective on Data Protection and Damages - Opening statements by Peter Hense at a University of Vienna panel titled "EU Future Talks, Non-Material Damages for GDPR Violations: Quo Vadis Österreichische Post...more

Faegre Drinker Biddle & Reath LLP

Österreichische Post: The CJEU Specifies the Requirements for Compensation for Breaches of the GDPR

Faegre Drinker Biddle & Reath LLP on

On 4 May 2023, the European Court of Justice (CJEU) delivered its highly anticipated judgement in Österreichische Post (Case C-300/21) on a crucial issue: the extent to which data subjects affected by a breach of the GDPR...more

White & Case LLP

Civil Plaintiffs Must Prove GDPR Damages, says CJEU

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The Court of Justice of the European Union (CJEU) ruled out automatic damages awards for civil litigants establishing infringements of the General Data Protection Regulation (GDPR). At the same time, the CJEU suggested that...more

Haug Partners LLP

A U.S. View on the UPC – Part 2: Damages

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On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action.  This series of articles –...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

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Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

Latham & Watkins LLP

European Commission Proposes Reform on Liability Rules for Artificial Intelligence

Latham & Watkins LLP on

The directives aim to assist claimants in proving the causation of damages and product defectiveness in complex AI systems, creating legal certainty for providers. On 28 September 2022, the European Commission issued two...more

A&O Shearman

European Commission proposes AI Liability Directive and modernised Product Liability Directive

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On 28 September 2022, the European Commission published two proposals aimed at modernising product liability rules in the digital age. The proposal is the first specifically designed to address compensation for damage caused...more

White & Case LLP

HP v Autonomy: The “fake it ‘till we make it” start-up culture on trial

White & Case LLP on

In its long-awaited judgment, the English High Court1 has found that the British software firm Autonomy defrauded the US tech giant Hewlett-Packard (HP) and induced its own acquisition for the price of US$11.1bn...more

Latham & Watkins LLP

Stellt bloßes Unbehagen einen zu ersetzenden DSGVO-Schaden dar?

Latham & Watkins LLP on

Das Amtsgericht Hagen hat dem Europäischen Gerichtshof („EuGH“) verschiedene Fragen zur Geltendmachung von Schadensersatzforderungen nach Art. 82 DSGVO vorgelegt (Rs. C-687/21). Ein Kläger hatte von der Saturn...more

White & Case LLP

Is the standard of claiming damages from the EU insurmountable? EU Court refuses to recognize loss suffered by UPS from the EC’s...

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On 23 February 2022, the EU's General Court (GC) dismissed a €1.7 billion claim for damages brought by United Parcel Service Inc. (UPS) against the European Commission (EC).1 UPS sought compensation for the losses resulting...more

Latham & Watkins LLP

DSGVO-Schadensersatz: Bundesarbeitsgericht ebnet Weg für Massenklagen

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Nach der Auffassung der Richter soll bereits ein Verstoß gegen datenschutzrechtliche Vorgaben einen zu ersetzenden Schaden nach Art. 82 Abs. 1 EU Datenschutz-Grundverordnung (DSGVO) darstellen. Die Haftung des...more

Womble Bond Dickinson

Additional Thoughts on “The Right to Hide the Published Truth”

Womble Bond Dickinson on

Private citizens have a right to remove significant falsehoods from the public record. The law of defamation clearly allows for retractions and damage payments if provable lies are published....more

Latham & Watkins LLP

Austrian Court Submits Questions on GDPR Civil Damages Claims to CJEU

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The CJEU’s decision is likely to have significant implications for ongoing and future proceedings for damages claims under Art. 82 GDPR. On April 15, 2021, the Austrian Supreme Court (OGH) referred key questions...more

Latham & Watkins LLP

Europäischer Gerichtshof wird über Schadensersatz wegen Datenschutzverstößen entscheiden

Latham & Watkins LLP on

Die Entscheidung des EuGH wird erhebliche Auswirkungen auf Unternehmen und Schadensersatzklagen nach Art. 82 DSGVO haben. Der Österreichische Oberste Gerichtshof (OGH) hat mit Beschluss vom 15. April 2021 (Az. 6Ob35/21x)...more

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