European Group on Tort Law Spring and Autumn Meetings 2017

The European Group on Tort Law (EGTL) met on 18–20 April 2017 in Vienna. In addition to discussing cases in its 'The Borderlines of Tort Law: Interactions with Contract Law' project (led by Miquel Martín-Casals), a significant section of the meeting was dedicated to its 'Prescription in Tort Law' project (led by Israel Gilead and Bjarte Askeland). Another Group meeting was hosted by ETL/ECTIL in Vienna on 19–21 October 2017 and was combined with a conference on 'Challenges in Tort Law Today'.

New Publication: Harmonisation and Fundamental Questions of European Tort Law

The European Centre of Tort and Insurance Law and the Institute for European Tort Law are pleased to announce the publication of Helmut Koziol’s latest publication, Harmonisation and Fundamental Questions of European Tort Law (ISBN 978-3-7097-0128-7). The book follows a lecture at Lomonosov Moscow State University on the subject in 2016 and aims to make comparative law more accessible to students. However, it will appeal to the wider tort, and indeed public law, audience.

New Publication: The Aims of Tort Law

New EGTL-Publication: The Liability of Public Authorities in Comparative Perspective

The EGTL is pleased to announce the publication of Ken Oliphant (ed), The Liability of Public Authorities in Comparative Perspective (ISBN 978-1-78068-238-9, 2016). The Group wishes to congratulate Ken Oliphant on the publication and thank him for his careful stewardship of the project. Further details can be found here.

New Publication: Compulsory Liability Insurance from a European Perspective

ECTIL and the Institute for European Tort Law are pleased to announce the publication of their study on Compulsory Liability Insurance from a European Perspective (edited by Attila Fenyves/Christa Kissling/Stefan Perner/Daniel Rubin). The study covers 9 national legal systems and contains five special reports as well as a comparative report, conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems. [Read more]

New EGTL-Publication: European Product Liability

The European Group on Tort Law is pleased to announce the publication of Piotr Machnikowski (ed), European Product Liability: An Analysis of the State of the Art in the Era of New Technologies (ISBN 978-1-78068-398-0, 2016). The book marks the first in what will hopefully be several collaborations with the European Research Group on Existing EC Private Law (Acquis Group). The EGTL wishes to express its gratitude to Piotr Machnikowski, for his seamless project leadership skills, and the Polish National Science Centre for funding the project. Further details can be found here.

Juristenrunde: Silvia Pellizzari

Silvia Pellizzari of the University of Trento, Italy, gave a presentation about 'The Liability of Public Authorities for Unlawful Decisions: A Comparative Perspective' on 7 December 2016. The event took take place in the Centre's premises.

Book Recommendation: A Company's Right to Damages for Non-Pecuniary Loss

A Company's Right to Damages for Non-Pecuniary Loss, by Vanessa Wilcox – Senior Legal Researcher at the Institute – is out. It presents a detailed examination on the extent to which non-pecuniary damages can properly be awarded in favour of companies. While primarily focusing on the jurisprudence of the European Court of Human Rights and English law, a chapter is also dedicated to comparative treatment. The book won both the Dr Maria Schaumayer-Stiftung Prize (in 2015) and the Austrian Bankers’ Association Prize (in 2016) and is published with Cambridge University Press (ISBN: 9781107139275).

Juristenrunden: Witold Borysiak, Matteo Ferrari and Federica Giovanella

On 10 August 2016 Witold Borysiak of the University of Warsaw, Poland, gave a lecture on ‘Non-Statutory Sources of the Duty of Care in Tort’. On 17 August 2016 Matteo Ferrari of the University of Trento, Italy presented his research on the 'Liability for Negligent Declarations of Conformity' and Federica Giovanella introduced the audience to Italy's 'Internet Service Providers' Liability' raising the question of whether it complies with EU law.

Prize of The Austrian Bankers' Association for Vanessa Wilcox

The Institute is proud to announce that Dr Vanessa Wilcox, LLM (Cantab) has been awarded the Bankenverbandspreis (The Austrian Bankers’ Association prize) in recognition of the contribution of her excellent thesis – A Company’s Right to Damages for Non-Pecuniary Loss – to the field of law. She received the award at a ceremony held in June 2016. Vanessa also won the Dr. Maria Schaumayer-Stiftung prize for her thesis, which is due to be published with Cambridge University Press, shortly.

Juristenrunde: Olaf Riss

Olaf Riss, Professor at Johannes-Kepler University Linz, gave a lecture on medical malpractice (‘Haftungsfragen bei Delegation ärztlicher Tätigkeiten an Nicht-Ärzte’) on Wednesday, 27 July 2016 at 10:30. The event took place at the Centre's premises (Reichsratsstraße 17/2, 1010).

Conference on Compulsory Liability Insurance in European Legal Systems, 13 June 2016

The conference presented the results of an extensive comparative study of ECTIL and ETL on various European legal systems. It took place in Vienna (in the premises of the Vienna University of Economics and Business, WU) on Monday, 13 June 2016. [More information]

New Managing Director: Ernst Karner

On the 1st April 2016, Prof. Helmut Koziol handed over the position of Managing Director of ECTIL to Prof. Ernst Karner (previously Vice-Director). Prof. Karner is Professor of Civil Law at the University of Vienna, and Director of the Institute for European Tort Law of the Austrian Academy of Sciences and the University of Graz (ETL) in Vienna. In his new role, Prof. Karner is committed to maintaining ECTIL’s high standing in the academic community, supporting and intensifying the Centre’s ongoing legal research. Prof. Koziol will continue to support that research work as Vice-Director. 

15th Annual Conference on European Tort Law, 31 March-2 April 2016

The conference took place in Vienna for the 15th time and provided more than 150 practitioners and academics with the opportunity to learn about and discuss the most significant tort law developments in Europe in 2015. [Read more]

European Group on Tort Law Spring 2016 Meeting

The European Group on Tort Law (EGTL) met on 29–31 March 2016 in Vienna. In addition to wrapping up its Public Authority Liability project, it worked on the Questionnaire for its next project, Prescription in Tort Law (led by Israel Gilead and Bjarte Askeland). The EGTL also drew up a roadmap for the revision of its Principles of European Tort Law.

The next Group meeting will be hosted by Miquel Martín-Casals in Girona on 20–21 October 2016.

New Publication: European Tort Law 2014

The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports on most EU Member States alongside contributions from Norway and Switzerland. An overview of developments in the field of EU law is also provided. In conclusion, a comparative analysis reviews the essential aspects of all the reports, which are written by scholars from their respective jurisdictions. Focusing on the past year, the authors critically report on important court decisions, summarize new legislation and provide a literature overview.

• E Karner/B C Steininger (eds), European Tort Law 2014 (2015) ISSN 2190-7773.

EGTL’s New Member: Piotr Machnikowski

The EGTL is pleased to announce the addition of Piotr Machnikowski, Professor at the University of Wrocław, Poland, as its latest member. This decision was made at the Group’s last meeting in October 2015.

New Publications: Basic Questions of Tort Law from a Comparative Perspective and Comparative Stimulations for Developing Tort Law

The European Centre of Tort and Insurance Law is pleased to report the publication of the Basic Questions of Tort Law from a Comparative Perspective (2015) and Comparative Stimulations for Developing Tort Law (2015), thus marking the end of Helmut Koziol’s project, the Basic Questions of Tort Law.

For an overview of the project and previous publications within it, [click here].

Juristenrunde: Legal persons as vicarious agents

ECTIL hosted a Juristenrunde (lecture) by one of its research assistants Johannes Angyan, LL.M LL.B., on 4 November 2015.

Nowadays economic activities are to a substantial extent exercised through legal persons. Frequently, business divisions are outsourced to newly founded subsidiaries, which is especially true in the case of company groups. One important advantage of outsourcing can be seen in the limitation of the parent company’s liability, since the parent company can usually not be held liable for its subsidiary’s liabilities. It has, however, to be taken into consideration that the parent company avails itself of its subsidiary for the procurement of its affairs, which is why the question of its vicarious liability under § 1315 ABGB (Austrian Civil Code) arises. The presentation will examine whether the rules on liability for agents are applicable to legal persons. Furthermore, the speaker will deal with the questions of piercing the corporate veil and its comparability with the solutions provided by the rules on liability for agents.

The presentation was held on Wednesday, 4 November 2015 at 11:30 in the premises of the European Centre.

Conference on the topic of ‘Aims of Tort Law’  organised by the Sino-European Private Law Forum (Yantai), the Institute for European Tort Law (ETL, Vienna) and the European Centre of Tort and Insurance Law (ECTIL, Vienna) took place on 16th and 17th of October 2015

The Conference on the topic of ‘The Aims of Tort Law’, which took place on 16th and 17th October 2015 in the Old City Hall, Wipplingerstraße 6-8, 1010 Vienna, was jointly organised by the Sino-European Private Law Forum, the Institute for European Tort Law (ETL) and the European Centre of Tort and Insurance Law (ECTIL).

At the start of the Conference, Helmut KOZIOL (Vienna/Graz) presented an introduction into issues the project is dealing with. This was followed by five topics which was each analysed by a Chinese and a European presenter. The speakers were CAO Xianfeng (Jilin), CUI Jianyuan (Beijing), GUO Mingrui (Yantai), WANG Cheng (Peking) and ZHANG Pinghua (Yantai) as well as Michael FAURE (Maastricht/Rotterdam), Monika HINTEREGGER (Graz), Ernst KARNER (Wien), Ken OLIPHANT (Bristol) und Alessandro SCARSO (Milan). The Conference was followed by lively discussion and debate.

Pictures of the event are available here.  

Conference: 30 Years of European Product Liability

The EGTL and Acquis Group are pleased to invite you to a one-day conference, 30 Years of European Product Liability.

The Conference will take place on 15 October 2015 at the University of Wrocław. [Click here] for further details.

World Tort Law Society’s Conference on the topic of Product Liability, organised by the Institute for European Tort Law (ETL) and the European Centre of Tort and Insurance Law (ECTIL)

This conference of the World Tort Law Society (WTLS) was organised by the Institute for European Tort Law (ETL) and the European Centre of Tort and Insurance Law (ECTIL) and took place on the 17th September 2015 in the Austrian Ministry of Justice (Palais Trautson), Museumsstraße 7, 1070 Vienna. The WTLS is currently conducting research on this issue dealing with and analysing current problems of product liability worldwide. Helmut Koziol (ECTIL) presented his comparative conclusions to which international scholars offered their comments: YANG Lixin (Renmin University, Beijing), Catherine M. SHARKEY (New York University), Ken OLIPHANT (University of Bristol) und Anton FAGAN (University of Cape Town). The attendance of international renowned scientists from various parts of the world allowed for a special focus on the different utilized solution mechanisms. The Conference provided ample opportunity for discussion and debate.

Pictures of the event are available here.

EGTL’s New Member: Ernst Karner

Professor Michael D. Green to receive Prosser Award

The Association of American Law Schools (AALS) Torts & Compensation Systems Section has announced that Michael D. Green will receive the 2015 William L. Prosser Award.

The announcement states: “Through his work as Co-Reporter for the Restatement (Third) of Torts: Liability for Physical Harm, his own scholarship, his contributions to multiple casebooks, his exemplary teaching, and his generosity toward other scholars, Michael Green has made ‘outstanding contributions … in scholarship, teaching and service’ of the kind that the Prosser Award was designed to recognize.”

ECTIL joins ETL and the EGTL in congratulating Mike Green.

14th Annual Conference on European Tort Law

From April 9 to April 11, 2015, the 14th Annual Conference on European Tort Law was successfully held in Vienna. The Conference provided practitioners and academics alike with the opportunity to learn about the most significant tort law developments in Europe in 2014. Experts from across Europe presented highlights from their contributions to the Yearbook, European Tort Law 2014, which will be published in autumn 2015. An overview of developments in EU law was also provided and a concluding summary identified and assessed the most important emerging trends.

The Conference started on Thursday evening (April 9, 2015) with an opening lecture by Simon Whittaker (Opting for Tort). The Conference concluded with a special session on Dispersed, Low-Value Losses on Saturday morning (April 11, 2015) with lectures by Georg Kodek (Atomized Losses in Tort Law: Conceptual Difficulties and Modern Developments), Anton Fagan (Distributed Damage: A South African and Common Law Perspective), Hans-Jürgen Ahrens (Injunctive and Compensatory Collective Redress Mechanisms against Restriction of Competition and Unfair Trade Practice) and Franziska Weber (Dispersed Losses in Tort Law – an Economic Analysis).

The Conference provided ample opportunity for discussion and debate, both in the formal proceedings and during the breaks. The 15th Annual Conference on European Tort Law will be held from Thursday, March 31, to Saturday, April 2, 2016.

[Read More] 

European Group on Tort Law Meeting

The European Group on Tort Law (EGTL) held its first meeting of the year on 7-9 April 2015. Public Authority Liability (led by Ken Oliphant), The Borderlines of Tort Law: Interaction with Contract Law (led by Miquel Martín-Casals) and Product Liability were on the agenda. The latter is a collaborative project with the Acquis Group and is led by Acquis Group member Piotr Machnikowski).

The Group anticipates the publication (by Intersentia) of the results of its Public Authority Liability project sometime in 2015. More details of the upcoming publication are available here. The Borderlines and Product Liability projects are scheduled for conclusion in 2016.

The next EGTL meeting will take place in Wrocław, Poland on 15-17 October 2015, thanks to Machnikowski’s efforts and the generous support of the University of Wrocław.

Public lecture and Discussion: CISG's Application to Service Contracts, 20 April 2015, 4:30 pm, Vienna

To which extend the CISG is applicable to services remains up for debate. On 20 April 2015, 4:30 pm Irmgard Griss, Ernst Karner, Helmut Koziol and Ulrich Magnus will present and discuss their findings on the question in the Austrian Academy of Sciences (Theatersaal, Sonnenfelsgasse 19). The event in German is free of charge.

[Read More]

New issue of the Journal of European Tort Law

The new Issue of the Journal on European Tort Law (JETL) features articles by Helmut Koziol ('Schadenersatzrecht and the Law of Torts: Different terms and different ways of thinking'), Tsachi Keren-Paz ('Injuries from Unforeseeable Risks which Advance Medical Knowledge: Restitution-based Justification for Strict Liability') and Stefan Somers ('Special Liability Regimes and Human Rights under Belgian Law and the European Convention on Human Rights').

Moreover, two book reviews put a spotlight on the recent work of the Groupe de Recherche Européen sur la Responsabilité Civile et l’Assurance (GRERCA) 'Le droit français de la responsabilité civile confronté aux projets européens d’harmonisation' (reviewed by Laura Khoury) as well as T.T. Arvind and Jenny Steele's recent edition on 'Tort law and the Legislature. Common Law, Statute and the Dynamics of Legal Change' (reviewed by Mauro Bussani).

For online access/subscription details, click here.

New Publication: 'Grundfragen des Schadenersatzrechts aus rechtsvergleichender Sicht'

ECTIL is happy to announce the publication of 'Die Grundfragen des Schadenersatzrechts aus rechtsvergleichender Sicht'.

The book is the second part of Helmut Koziol’s 'Basic Questions of Tort Law' project and contains the analyses of representatives from seven jurisdictions (France, Norway, Poland, Hungary, England and the Commonwealth, the USA and Japan) of Koziol’s Basic Questions of Tort Law from a Germanic Perspective. A comparative chapter with extensive remarks concludes the volume.

An open access version of the publication will be made available in German due course. The English version of the study (both in print and open access) is expected in early 2015.

• H Koziol (ed), Grundfragen des Schadenersatzrechts aus rechtsvergleichender Sicht (2014) ISBN 978-3-7097-0048-8.

New Publication: 'European Tort Law 2013'

The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports from the majority of European jurisdictions, as well as a comparative analysis that identifies emerging trends. Focusing on the year 2013, the authors critically assess important court decisions and new legislation, and provide a literature overview.

• E Karner/BC Steininger (eds), European Tort Law 2013 (2014) ISSN 2190-7773.

Concluding Conference on ‘The Basic Questions of Tort Law from a Comparative Perspective' Project

The European Centre of Tort and Insurance Law (ECTIL) is pleased to report the success of the above Conference which took place on 20 October 2014 in Graz. It focused on a selection of topics from Prof iR Dr DDr hc Helmut Koziol’s forthcoming publication: H Koziol (ed), Basic Questions of Tort Law from a Comparative Perspective. The study expands upon the groundwork laid in Koziol’s Basic Questions of Tort Law from a Germanic Perspective (2012), ISBN 9783902638854 (also available as a free download at www.jan-sramek-verlag.at). Koziol is proud to have secured the participation of Jean-Sébastien Borghetti (France); Bjarte Askeland (Scandinavia); Katarzyna Ludwichowska-Redo (Poland); Attila Menyhárd (Hungary); Vanessa Wilcox, who delivered Ken Oliphant’s response (England and the Commonwealth); Michael Green (USA) and Fumihiro Nagano (Japan) at the Conference, as well as funding from the Austrian Science Fund (FWF). In addition, Koziol would like to record his gratitude to The Centre of European Private Law (CEPL) and its staff for their assistance in organising the conference.

Fleming Prize 2014

ECTIL is delighted to announce that Helmut Koziol is the eighth winner of the John G Fleming Memorial Prize for Torts Scholarship. He delivered Berkeley Law’s bi-annual John Fleming Lecture, 'Is Harmonizing Tort Law in Europe Possible? With Comparative Glimpses at the USA.' on 29 October 2014.

Managing Director of the European Centre of Tort and Insurance Law elected to American Law Institute

Helmut Koziol has been elected to membership of the American Law Institute (ALI). The ALI – made up of 4,000 lawyers, judges, and law professors of the highest qualifications – is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law. Its Restatements of the Law are enormously influential in American courts and legislatures, as well as in legal scholarship and education. The ALI has long been influential internationally and, in recent years, more of its work has become international in scope.

European Group on Tort Law Meeting

The annual autumn meeting of the European Group on Tort Law took place between 16-18 October 2014. The meeting was held in Wrocław, Poland where The Borderline of Tort Law: Interactions with Contract Law – the third project since the Group's re-unification in 2009 – was discussed. The project is headed by Prof Martín-Casals. The Group also elaborated on its Product Liability project – which is undertaken in collaboration with members of the Acquis Group. It wishes to extend profound appreciation to Piotr Machnikowski and the University of Wrocław for their warm welcome and for all their efforts in making the meeting a success.

The Group will next meet between 7-9 April 2015 in Vienna, thanks to the support of the European Centre of Tort and Insurance Law and the Institute for European Tort Law.

New Publication: Mass Torts in Europe. Cases and Reflections

In recent years, there has been a growing interest in the legal aspects of mass torts in Europe. Both academics, legislatures, courts and policymakers throughout the whole of Europe have been struggling with the challenges that such 'massification' of private law relationships poses both in and outside of tort law. The subject moves between the law of civil procedure, substantive tort law, access to justice debates and regulatory frameworks for mass disputes.

This volume offers both a caleidoscopic review of real-life key cases of mass torts and an in-depth reflection on the broader implications of mass torts in Europe. Thus, the challenges posed by mass torts are explored, mapped and analysed.

New Edition of 'Österreichisches Haftpflichtrecht'

The leading textbook on Austrian tort law by Helmut Koziol is currently been updated, revised and expanded. A new volume 3 has just been published, covering liability without fault. Together with Koziol, Peter Apathy and Bernhard A Koch present strict liabilities for motor vehicles, trains, aircraft, electricity, nuclear and other risks as well as product liability and liability for the harmful effects of lawful activities ('Eingriffshaftung').

H Koziol/P Apathy/BA Koch, Österreichisches Haftpflichtrecht Bd 3 (2014) ISBN 978-3-7097-0022-8.

New Special Issue of JETL (Cyber Torts)

A new special issue of the Journal of European Tort Law – containing the papers from the Special Session of the Annual Conference on European Tort Law – focuses on Cyber Torts.

The issue was edited by Bernhard A Koch and contains contributions by Steve Hedley ('Cybertrespass – A Solution in Search of a Problem'), Mårten Schultz ('The Responsible Web: How Tort Law Can Save the Internet') and Ronen Perry/Tal Z Zarsky ('Liability for Online Anonymous Speech: Comparative and Economic Analysis').

Journal of European Tort Law Vol 5 (2014) ISSN 1868-9620.

Translations of Selected Publications in Chinese

The European Centre of Tort and Insurance Law is pleased to announce the translation of a sizeable number of the volumes from our long running Tort and Insurance Law series into Chinese. We hope that the translated volumes will help spark further discussion of the European tort law tradition within China, perhaps as an inspiration for developing tort law.

[Read More]

2nd China-Europe Legal Forum: Legal Systems & Economic Cooperation

Members of the European Centre of Tort and Insurance Law (ECTIL) and the Institute for European Tort Law (ETL), Helmut Koziol and Vanessa Wilcox, have been invited by the Austrian-Chinese Law Society to give presentations on 'The Relevance of Tort Law for Economy' and 'Product Liability and Punitive Damages' respectively. Ernst Karner has also been appointed to chair the Tort Law Section on this year’s topic, Legal Systems & Economic Cooperation. The Forum will take place on 26 and 27 June 2014.

Click [here] for more information.

European Group on Tort Law Meeting

The annual spring meeting of the European Group on Tort Law took place between 22–24 April 2014. The meeting was held in Vienna and was sponsored by both ECTIL and ETL. In addition to drawing the EGTL’s second post-reunification project (The Liability of Public Authorities) to a close, the Group also discussed its third project (The Borderlines of Tort Law: Interactions with Contract Law) and the draft project description and questionnaire of its collaborative project with members of the Acquis Group (Product Liability). The above projects are led by Ken Oliphant, Martín-Casals and Piotr Machnikowski respectively. The Group’s annual autumn is scheduled for 16-18 October 2014 in Wrocław, Poland.

Translations of Selected Publications in Chinese

The European Centre of Tort and Insurance Law is pleased to announce the translation of a sizeable number of the volumes from our long running Tort and Insurance Law series into Chinese. We hope that the translated volumes will help spark further discussion of the European tort law tradition within China, perhaps as an inspiration for developing tort law.

[Read More]

Upcoming Juristenrunde: An Unaccomplished Accomplishment – The Reform of Liability for Medical Malpractice in China

ECTIL is pleased to announce a Juristenrunde (lecture) by Hongjie Man, Associate Professor at Shandong University, School of Law, China. The presentation will take place on Wednesday, 21 May 2014 at 10:30. All are welcome to attend. Please register at: ectil@ectil.org

It has been almost four years since the Tort Liability Law of China came into force; Chapter VII of the statute (on the Liability for Medical Malpractice) stopped the chaos brought about by the differences between the 2002 Regulation on the Handling of Medical of Accidents, judicial interpretations promulgated by the Supreme People’s Court (the highest court of China) and the General Principles of Civil Law.

However, there are still many doubts and debates over the new regulations: eg, the standard of fault, the nature of the liability for blood transfusions, the justifications for introducing strict liability and the limitations of informed consent.

13th Annual Conference on European Tort Law

From April 24 to April 26, 2014, the 13th Annual Conference on European Tort Law was successfully held in Vienna. The Conference provided practitioners and academics alike with the opportunity to learn about the most significant tort law developments in Europe in 2013. Experts from across the continent presented highlights from their contributions to the Yearbook, European Tort Law 2013, which will be published in autumn 2014. An overview of developments in EU law was also provided and a concluding summary identified and assessed the most important emerging trends.

[Read More]

New Publication: European Tort Law 2012

The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports from the majority of European jurisdictions, as well as a comparative analysis that identifies emerging trends. Focusing on the year 2012, the authors critically assess important court decisions and new legislation, and provide a literature overview.

• K Oliphant/BC Steininger (eds), European Tort Law 2012 (2013) ISSN 2190 7773.

New Publication: Medical Malpractice and Compensation in Global Perspective

The papers in this collection are drawn from a symposium held in Vienna in December 2010. Organised by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law, the conference drew together legal experts from 14 national or regional systems across six continents. Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data. The 14 legal systems covered in the collection are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States. A general comparative introduction completes the collection.

• K Oliphant/RW Wright (eds), Medical Malpractice and Compensation in Global Perspective (2013), ISBN 978-3-11-026997-0

New Publication: Proportional Liability: Analytical and Comparative Perspectives

Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant’s tortious conduct was a factual cause of a plaintiff’s harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff’s harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of ‘standard of proof’. 

• I Gilead/M D Green/ B A Koch (eds), Proportional Liability: Analytical and Comparative Perspectives (2013), ISBN 978-3-11-028253-5

Upcoming  Juristenrunde

Katsuyuki Wada and Fumihiro Nagano of the University of Kyoto (Japan) will give lectures on the topics of ‘Haftung des Wertpapieremittenten für fehlerhafte Sekundärmarktinformationen’ and ‘Die Zession künftiger Forderungen im japanischen Recht’ on Monday, 10 March 2014 at 10:30 am.

[Read More]

European Group on Tort Law Meeting

Sino-European Private Law Forum (Yantai University, 20-21 September 2013)

The inaugural Sino-European Private Law Forum, jointly organised by the Institute for European Tort Law, the European Centre of Tort and Insurance Law (ECTIL) and the Sino-European Tort Law Institute of Yantai University, Shandong Province, China, will be held in Yantai on 20-21 September 2013. The theme of the first meeting is 'The Protection of Personality Rights in Comparative Perspective'.

World Tort Law Society, Inaugural Meeting (Harbin, China, 14-15 September 2013)

The inaugural meeting of the newly-established World Tort Law Society will be held on 14-15 September 2013 in Harbin, Heilongjiang Province, China. The theme of the meeting is product liability. The Society, jointly founded by the Institute for European Tort Law and the European Centre of Tort and Insurance Law (ECTIL) as well as the Research Centre for Civil and Commercial Jurisprudence, Renmin University, Beijing, China, aims to provide a forum for the discussion of current tort law issues on a global basis. It has an invited membership of approximately 25 leading scholars from around the world. The first President of the Society is Helmut Koziol (ECTIL). The Society’s Executive Committee consists of Yang Lixin (Renmin), Ken Oliphant (Institute for European Tort Law) and Michael D Green (Wake Forest, USA).

Visiting Scholar from China (Cao Xiangjian)

Cao Xiangjian, Chinese research guest of the European Centre of Tort and Insurance Law (ECTIL) will conduct research for a period of three months from August to October 2013 in the premises of the Centre.

Mr Cao, a postgraduate in the Law School of Yantai University, Shandong Province, China, is the chief editor of Shaohai Law Review (a student-edited law journal) and his fields of research include tort law and the relationship between civil law and constitutional law.

The 12th Annual Conference on European Tort Law – a Success!

From April 4, to April 6, 2013 the 12th Annual Conference on European Tort Law took place in Vienna. Once again the conference provided a forum for both academics and practitioners to learn about and discuss the most recent developments in Tort Law during 2012. Lectures were provided by Country reporters from 27 jurisdictions as well as by international experts in the field of Tort Law and the Financial Crisis.

Full reports on tort law developments in each of the jurisdictions covered will be published in the Yearbook European Tort Law 2012 in autumn 2013. The papers from the conference session on Tort Law and Financial Crisis will appear in a special issue of the Journal of European Tort Law in summer 2013.

Photographs of the conference, and all the conference materials, can be seen by accessed on the conference website www.acet.ectil.org.

The 13th Annual Conference on European Tort Law will take place from April 24 to April 26, 2014.

Annual Conference on European Tort Law 2013 (4 April to 6 April 2013, Vienna)

The Conference provides practitioners and academics with the opportunity to learn about the most significant tort law developments in Europe in 2012. It begins on the evening of Thursday 4 April in the splendid surroundings of the Palais Trautson (Austrian Ministry of Justice), where Irmgard Griss (former President of the Austrian Supreme Court) will deliver the opening lecture on the topic of 'How Judges Think: Judicial Reasoning in Tort Law Cases from a Comparative Perspective'. On Friday 5 April, the venue switches to the Austrian Supreme Court, and the day is given over to reports on developments in Europe's national legal systems and under EU law. In the evening, the Conference dinner is at one of Vienna's famous wine taverns ('Heurigen') on the edge of the Vienna Woods. The Conference concludes on Saturday morning (April 6, 2013) with a special session on Tort Law and the Financial Crisis.

[Read More]

European Group on Tort Law Meeting
April 7 to April 8, 2013

The European Group on Tort Law (EGTL) will convene on 7–8 April 2013 to continue its deliberations on the ongoing topic of Public Authority Liability. This will be followed by a public Conference on 9 April 2013, Public Authority Liability in Comparative Perspective. The Programme is available here (*.pdf, 1.3 MB). For registration and enquiries, please contact Lisa Zeiler. Both Meeting and Conference are made possible by the generous auspices of the Karl-Franzens-Universität Graz and will take place there.

 

New publication: European Tort Law Yearbook 2011

• K Oliphant/BC Steininger (eds), European Tort Law 2011 (2012), ISSN 2190 7773

The new issue of the Journal of European Tort Law

• Michael D Green and Olivier Moréteau ‘Restating Tort Law: The American and European Styles’ (2012) 3 JETL 281
• Matthew Dyson ‘Civil Law Responses to Criminal Judgments in England and Spain’ (2012) 3 JETL 308
• Robert J Dijkstra ‘Liability of Financial Supervisory Authorities in the European Union’ (2012) 3 JETL 346
• Bernd J Hartmann ‘Perspectives on the Economic Analysis of Public Liability Law’ (2012) 3 JETL 378

• Vanessa Wilcox ‘Vindicatory Damages: The Farewell?’ (2012) 3 JETL 390

• Jens M Scherpe ’Christoph Oertel, Objektive Haftung in Europa. Rechtsvergleichende Untersuchung zur Weiterentwicklung der verschuldensunabhängigen Haftung im europäischen Privatrecht’ (2012) 3 JETL 410
• Florian Wagner von-Papp ’Helmut Koziol/Josef Seethaler/Thomas Thiede (eds), Medienpolitik und Recht: Media Governance, Wahrhaftigkeitspflicht und sachgerechte Haftung’ (2012) 3 JETL 413

Visit from a delegation of Chinese Judges

The Institute was pleased to receive a visity from a delegation of Chinese judges on Friday 21 December 2012. The judges are all enrolled on a specialist LLM programme for the Chinese judiciary run by the School of Law of the City University of Hong Kong. The following judges attended: HE Li (Kunming intermediate court); JIANG Qiang (Beijing Haidian court); WANG Jing (Guangdong high court); and WANG Hao (Hainan High Court). They were accompanied by two members of City University faculty, CHEN Lei and Rajesh SHARMA. The Institute was represented by Ken Oliphant and Ernst Karner, while Laura Ascher - whose doctoral work was on Chinese tort law - represented ECTIL.

New Publication: Employers' Liability and Workers' Compensation 

This large-scale comparative study analyses the two principal mechanisms employed in modern legal systems to deal with the social problem of occupational illness and injury, namely, employers' liability and workers' compensation. It provides a detailed description of the systems in operation in twelve countries around the world, investigating the complex legal structures and the interaction with other social institutions, as well as their inter-jurisdictional coordination through private international law. Current international trends are identified and assessed and the fundamental political issues highlighted and explored. The study's ultimate goals are not only descriptive but also to answer the question of how compensation and liability systems can best be adapted to meet society's needs in the 21st century.

The countries covered are: Australia (M Lunney), Austria (E Karner/F Kernbichler), Denmark (V Ulfbeck), England and Wales (R Lewis), France (F G'Sell/I Veillard), Germany (R Waltermann), Italy (A P Scarso/M Foglia), Japan (K Yamamoto/T Yoshimasa), the Netherlands (S D Lindenbergh), Poland (D Dörre-Nowak), Romania (C Alunaru/L Bojin) and the United States of America (M D Green/D S Murdock).

The book is completed by three concluding essays that address general themes: Thomas Thiede, The European Coordination of Employers' Liability and Workers' Compensation; Ken Oliphant, The Changing Landscape of Work Injury Claims: Challenges for Employers' Liability and Workers' Compensation; Gerhard Wagner, New Perspectives on Employers' Liability - Basic Policy Issues.

• K Oliphant/G Wagner (eds), Employers' Liability and Workers' Compensation (2012), ISBN 978-3-11-026996-3.

New Publication: Basic Questions of Tort Law from a Germanic Perspective

• H Koziol (ed), Basic Questions of Tort Law from a Germanic Perspective, ISBN 978-3-902638-85-4

New Project: Legal Implications of Third Party Liability for the European Security Industry

The European Group on Tort Law Autumn Meeting 2012 and the Conference on the Controversial Notions of Damage in Europe

New Publication: Loss of Housekeeping Capacity

ECTIL is pleased to announce the completion of the study on 'Loss of Housekeeping Capacity' with the publication of a volume with DeGruyter Verlag.

The topic is of particular interest for insurers as compensation for loss of housekeeping capacity is one of the main heads of damages awarded for personal injury. Naturally it also has considerable importance for accident victims. Yet it has received relatively little scholarly attention, at least from a comparative perspective. The aim of this study is to examine national approaches to the award of damages under the head of loss of housekeeping capacity, and to compare the levels of damages so awarded. The research addressed both the concepts employed in different national systems and, by means of practical case studies, the compensation actually paid in individual cases.

The results of the research comprise ten country reports (Austria, England and Wales, France, Germany, Italy, The Netherlands, Norway, Poland, Spain and Switzerland) based on a Questionnaire (Part I: General Part and Doctrine, Part II: Concrete Assessment Examples) and a concluding Comparative Report.

• E Karner/K Oliphant (eds), Loss of Housekeeping Capacity (2011), ISBN 978-3-89949-814-1.

New Cooperation Partner: University of Graz

ECTIL is delighted to announce the conclusion of a Cooperation Agreement with the Faculty of Law, University of Graz (Austria).

Law has been taught at the faculty in Graz since the sixteenth century. The faculty has been home to such renowned private law minds as Walter Wilburg and Franz Bydlinski, as well as current ECTIL associates Profs Willibald Posch and Monika Hinteregger.

The Cooperation Agreement provides a framework for both large scale research projects to be carried out in the field of Tort and Insurance law, as well as smaller research exchanges and discussions between the two organisations. A joint assistant post has been created to support the Cooperation agreement and allow for additional relevant courses to be offered to students at Graz.

Both institutions are committed to furthering research excellence and engaging the minds of private lawyers in Europe and beyond. It is hoped that this Cooperation will be the basis for much fruitful work in the years ahead.

Mike Green wins John G Fleming Memorial Prize for Torts Scholarship

ECTIL joins ETL and the EGTL in congratulating Mike Green on receipt of the prestigious Fleming Prize for outstanding torts scholarship (jointly with Bill Powers).

[Read More]

Upcoming Conference

Tort Law, Family Law and National Courts

In 2011 the Austrian OGH handed down a decision in a case concerning a father who claimed against his ex-partner for denying him a relationship with his child, their son. The court signalled that he could recover damages for non-pecuniary losses.

As this case raises interesting and fundamental questions about the relationship between tort and family law, Dr Barbara Steininger has coordinated a collective case note which will be published in the forthcoming issue of the European Review of Private Law (ERPL). A number of authors present national solutions from their own country demonstrating the breadth of solutions and approaches on offer, namely Colm Peter McGrath featuring an English (pp. 581–589), Thomas Thiede a German (pp. 591–596), Anne Marie Frøseth Anfinsen a Norwegian (pp. 597–602), Katarzyna Ludwichowska-Redo a Polish (pp. 603–607), Jordi Ribot a Spanish (pp. 609–627) and Julien Dubarry a French Perspective (pp. 629–638) on OGH 4 Ob 8/11x. Barbara C. Steininger's Concluding Remarks (pp. 639–641) review the essential aspects of all reports.

[Read More]

The 11th Annual Conference on European Tort Law – a Success!

The Organizers of the Annual Conference on European Tort Law are happy to report the success of the 11th Annual Conference. Many participants, from all areas of the law in European systems and beyond discussed recent developments across Europe, the methodology of Restatements in the United States and the 'cultures' of tort law in four European legal traditions.

The 12th Annual Conference on European Tort Law will take place from April 4 to April 6, 2013.

[Download Conference Materials] or [Read More]

6th European Conference on Medical Law

Vienna will shortly play host to the 6th European Conference on Medical Law titled 'Establishing European Identity through Solidarity in Health Care'. The conference aims to bring together a range of a talented speakers addressing a wide range of pressing concerns in the world of medical law in Europe and beyond. Inter alia, Bernhard Koch will be speaking on the topic of 'European Medical Liability in Comparison' taking into account recent published work of ECTIL. Participants can also look forward to hearing Erwin Deutsch address the topic of harmonization of international medical cases including the draft of the German patients' rights statute (Patientenrechtegesetz) explained and compared to Anglo-French approaches. The conference will be held on 1 June 2012 at the Hauptverband der Österreichischen Sozialversicherungsträger – HVB, Kundmanngasse 21, 1030 Vienna.

Panel Discussion in German:
Defective Products in Chain Sales

Where products are sold by a retailer and not by a manufacturer, a serious impairment of the legal position of the retailer may arise if the goods are defective and need to be replaced. The aggrieved parties – typically contractors or end-user customers – are not in a contractual relationship with the manufacturer as the contract is concluded with the retailer. Although the latter is not responsible for the product’s defect, the European Court of Justice has ruled that the retailer is liable for such defect where the end-user customer was a consumer. As a result the retailer will bear the costs of renewal or replacement.

The question of whether he may have recourse against the producer was not addressed by the Court and seems rather unclear. In the course of the panel discussion on 24 April 2012, at 5pm in the Austrian Academy of Sciences (Theatersaal, Sonnenfelsgasse 19, 1010 Wien) the possibilities of an appropriate solution to this problem, focussing on the interests of all involved, will be presented and discussed by the retired President of the Austrian Supreme Court Hon.-Prof. Dr. Irmgard Griss, Univ.-Prof. Dr. Ernst Karner, Univ.-Prof. i.R. Dr. Dr. h.c. Helmut Koziol and RA Dr. Michael Winischhofer. The discussion, which will take place in German, will be chaired by Mag. Benedikt Kommenda (Die Presse). Admission is free.

At the end of proceedings, the European Centre of Tort and Insurance Law invites all to a buffet where you will have an opportunity to raise issues with the speakers and with other participants.

[Download Invitation in German as *.pdf]

New Publications

ECTIL is delighted to announce the arrival of three important volumes. The first, this year's Yearbook of European Tort law has been joined by our expansive analysis of the ECtHR through the lens of tort law along with the second volume in the Digest of European Tort Law which focuses on the concept of Damage in European legal systems. Scholars of tort law and many others are sure to find much of interest in each of these works.

• H Koziol/BC Steininger (eds), European Tort Law 2010 (2011), ISBN 978-3-11-023941-6

• A Fenyves/E Karner/H Koziol/E Steiner (eds), Tort Law in the Jurisprudence of the European Court of Human Rights (2011), ISBN 978-3-11-025966-7

• B Winiger/H Koziol/BA Koch/R Zimmermann (eds), Digest of European Tort Law, Vol 2: Essential Cases on Damage (2011), ISBN 978-3-11-024848-7

Principles of European Tort Law: Text and Commentary in French

The European Group on Tort Law (EGTL) is pleased to announce the translation of its Principles of European Tort Law: Text and Commentary into French – Principes du droit européen de la responsabilité civile: Textes et commentaires.

The Group would like to express its unreserved admiration to Olivier Moréteau for initiating the project and the French Society of Comparative Law (la Société de législation comparée), the Institute for European Tort Law (ETL) and the European Centre of Tort and Insurance Law for their generous auspices.

Further information (in French) and details on how to purchase a copy of the text can be found [here].

EGTL Update: State Liability and Proportional Liability

In April 2011, the European Group on Tort Law (EGTL) formally embarked on its second post-reunification project (State Liability) under the leadership of Ken Oliphant (Director of the Institute for European Tort Law (ETL)).

The EGTL’s first post-reunification project Proportional Liability: Analytical and Comparative Perspectives, under the editorship of I Gilead/MD Green/BA Koch, is scheduled for publication in 2012.

New Publication
Medical Liability in Europe: A Comparison of Selected Jurisdictions

• Bernhard A Koch (ed), Medical Liability in Europe: A Comparison of Selected Jurisdictions (2011), ISBN 978-3-11-026010-6.

New Publication
European Tort Law: Basic Texts

• Ken Oliphant and Barbara C Steininger (eds), European Tort Law: Basic Texts (2011), ISBN 78-3-902638-50-2.

The 10th Annual Conference on European Tort Law – a Success!

Conference:
Annual Conference on European Tort Law, April 28-30, 2011

The Annual Conference on European Tort Law provides both practitioners and academics with the opportunity to learn of the most significant developments in tort law within Europe in the year 2010. Experts from all over Europe will present the highlights of court practice and legislation in their respective jurisdictions in the year 2010. Furthermore, an overview of the developments in the field of EU law will be provided. A comparative analysis will review the essential aspects of all reports. In addition to thee national reports, the Conference will feature special presentations on current key issues of tort law. Cees van Dam will present the opening lecture on Thursday evening and Saturday's presentations will focus exclusively on "Omissions". There will be ample room for discussion, both at the Conference as well as informally. [Read More]

New Publication:
European Tort Law 2009

The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports on most EU Member States and also provides contributions from Norway and Switzerland. Furthermore, an overview of the developments in the field of EU law is provided. In conclusion, a comparative summary reviews the essential aspects of all reports, which are written by scholars from the respective jurisdictions.

• H. Koziol/B.C. Steininger (eds.), European Tort Law 2009 (2010), ISBN 978-3-11-024606-3.

New Publication:
Damage Caused by Genetically Modified Organisms

The debate about the use of genetically modified organisms in European agriculture is fuelled by the fear of the general public about potential risks of GM farming, whether substantiated or not. Transgenic food is suspected to cause bodily harm, have a negative impact upon the health of animals, weaken the productivity of conventional farmland, reduce biodiversity or otherwise deteriorate the environment, to name but a few dangers popping up in the public debate. Apart from setting standards for GM farming and requiring safety checks for transgenic products, all jurisdictions also provide for the case that such risks should materialize. These are not necessarily novel approaches - classic tort law already offers remedies for such losses. Sometimes these traditional solutions are enhanced or replaced by alternative redress schemes. This volume compares twenty European and four non-European jurisdictions in this respect and provides special analyses from an economic and insurance perspective as well as surveys of cross-border dispute resolution and international law.

• B.A. Koch (ed.), Damage Caused by Genetically Modified Organisms (2010), ISBN 978-3-89949-811-0.

Medical Malpractice and Compensation in Global Perspective, December 3-4, 2010

This conference jointly organized by the Chicago-Kent Law Review and the Institute for European Tort Law, in collaboration with ECTIL, will address liability for medical malpractice and compensation for medical injuries from 14 national and regional perspectives drawn from 6 continents. This is an excellent opportunity to gain a broader perspective on a common problem in many legal systems and the many solutions adopted. It offers a truly global comparative analysis. The conference will be of interest to both legal academics and practitioners working in the fields of medical malpractice or the wider interaction of legal and healthcare systems as well as those involved in healthcare insurance. [Read More]

New Publication:
Festschrift für Helmut Koziol

Helmut Koziol has recently been honoured on the occasion of his 70th birthday with a Festschrift published by Jan Sramek Verlag.

The work covers more than 1500 pages with contributions from 80 scholars in 5 areas comprising, general private law, liability law, banking law, insolvency law and legal methodology. As such it represents a valuable contribution to these diverse fields and a suitably scholarly celebration of Helmut Koziol's career thus far. Finally, the works included are not only representative of different legal fields but also hail from many different systems across Europe and beyond and in doing so, demonstrate the international and comparative nature of these legal problems.

New Publication:
Journal of European Tort Law

The European Centre of Tort and Insurance Law (ECTIL) and the Institute for European Tort Law (ETL) of the Austrian Academy of Sciences are pleased to announce the launch of their new official journal, the Journal of European Tort Law (JETL), which will be published by the distinguished house of de Gruyter (Berlin).

The JETL is the first law review to be dedicated to this important and dynamic area of European private law. It aims to contribute to the analysis and development of tort law in Europe by the publication of scholarly articles, comments and reviews. Its focus is primarily comparative, but it will also publish analyses of the tort law of single legal systems where the subject matter is of sufficient interest to the Journal’s general readership. Comparative analyses of non-European systems from the perspective of European tort law will also appear from time to time. The Journal embraces all scholarly perspectives, including economic analysis of law and socio-legal studies. Its subject matter is both substantive tort law, including its place in the general law of obligations, and the wider tort system, including its practical operation and its relationship with such institutions as private and social insurance.

[Read more]

Conference:
The 9th Annual Conference on European Tort Law

From April 8, to April 10, 2010 the 9th Annual Conference on European Tort Law will take place in Vienna. The conference will provide a forum for both academics and practitioners to learn about and discuss the most recent developments in Tort Law. Reporters from 28 jurisdictions will present tort law developments from 2009. Moreover, the conference will include a special session on Wrongful Birth and Wrongful Life.

[Read more]

New Translations:
Principles and Unification works in Chinese

We are pleased to announce that new full Chinese translations of the Principles of European Tort Law and the accompanying Commentary as well as selected works from the Unification of Tort Law series are now available.

The bare text of the Principles themselves was available in numerous translations upon original publication but this new presentation of the Principles with its surrounding Commentary and some of the precursor works of the European Group will allow all Chinese tort scholars to fully engage with the Principles and help strengthen the ongoing academic exchanges between these two traditions. [Read More]

New Publication:
Helmut Koziol,
Grundfragen des Schadenersatzrechts

• H. Koziol, Grundfragen des Schadenersatzrechts (2010), ISBN: 978-3-902638-28-1.

New Publication:
Aggregation and Divisibility of Damages

The volume, entitled Aggregation and Divisibility of Damages' (vol.26 of the series), edited by Ken Oliphant deals with a number of important and interconnected, though not always appreciated, legal issues.

These issues may have particular significance in the context of mass torts, and raise questions of private international law and civil procedure as well as substantive tort law. They are also of considerable practical importance for insurers.

• Vol. 26: K. Oliphant (ed.), Aggregation and Divisibility of Damage (2009), ISBN: 978-3-211-92208-8.

 New Publication:
European Tort Law 2008

The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports on most EU Member States and also provides contributions from Norway and Switzerland. Furthermore, an overview of the developments in the field of EU law is provided. In conclusion, a comparative summary reviews the essential aspects of all reports, which are written by scholars from the respective jurisdictions.

Focusing on the year 2008, the authors critically report on important court decisions, present new legislation and provide a literature overview. In addition to the national reports, the European Tort Law 2008 Yearbook contains the opening lecture of the 8th Annual Conference on European Tort Law as well as four essays on questions of burden of proof.

• H. Koziol/B.C. Steininger (eds.), European Tort Law 2008 (2009), ISBN 978-3-211-92797-7.

The European Centre of Tort and Insurance Law is Celebrating its Decennial in 2009

As part of these celebrations ECTIL would like to bring to the attention of its patrons a function at the Austrian Ministry of Justice on Thursday, December 3, 2009 where judges and sponsors who have worked with ECTIL over the last decade will discuss the impact of that work along with the Principles of European Tort Law on the legal landscapes of Europe.

[Read more]

Lecture: The spectre of a tortious constitutional remedy for length of proceedings: a uniquely Irish solution to a European problem

Cases involving excessively lengthy legal proceedings in breach of article 6(1) of the European Convention on Human Rights, have only recently come to light as a problem in the Irish legal system. This problem has itself dogged other European legal systems for a long time. In a recent case, the Irish Supreme Court has for the first time mooted a potential constitutional remedy for this problem. You are cordially invited to attend a lecture presented by Stuart Wallace LLB, LLM (Hons) (NUI) analysing the compatibility of this new remedy with European standards and the approaches adopted by other jurisdictions to this problem. The lecture will also provide an overview of the Irish legal system and the development of constitutional rights.

The lecture will take place on Thursday, November 26, 2009, 9:30 s.t. in the premises of the European Centre. If you wish to attend please register your interest by contacting zeiler@ectil.org.

Conference: Human Rights and Tort Law, Tuesday, December 1, 2009

The goal of the “Human Rights and Tort Law” Conference is to provide a general overview and thorough analysis of how the European Court of Human Rights (ECtHR) deals with tort law issues such as causation, attribution of liability, heads of damage as well as the assessment and the award of damages – particularly in respect of Article 41 of the European Convention on Human Rights (ECHR).

This one-day Conference will bring together a distinguished panel of scholars and judges of the ECtHR as keynote speakers. There will be ample room for discussion, both at the Conference as well as informally.

Further information on this conference including a programme and registration forms is available on the Website of the Institute for European Tort Law.

Institute for European Tort Law
Symposium on Media Governance between Law and Self-Regulation

The media market is rapidly changing. The traditionally dominant media of the past decades are being superseded by newer “Push” and “Pull” media, more integrated media strategies and original content production. The forces of competition, previously constrained by several factors, have been unleashed on the market. This competition is intensifying with greater media saturation and the colossal changes in the working conditions of the journalists.

In this changing landscape, we must question whether the media is still fulfilling its role in society. How the media is embracing its role and the causes, if any, for its failure to fulfil its role? These important questions provide the starting point for the second symposium on “Media and Law”.

The Institute for European Tort Law in co-operation with the Commission for Comparative Media and Communication Studies held a symposium on Media Governance on 5. November, 2009, 16.30 at the Academy of Sciences.

Lecture: Milestones in the Past, Present and Future of Slovakian Tort Law - Between Emancipation & Europeanization

Special issue of the King's Law Journal on "European Tort Law"

We are pleased to announce the publication of a special issue of the King's Law Journal on "European Tort Law" (2009, vol. 20, issue 2). Ken Oliphant, Member of the ECTIL and the European Group on Tort Law acted as guest editor; Bernhard A. Koch, as well Member of the ECTIL and the European Group on Tort Law, contributed substantially with an article on the "Principles of European Tort Law".

Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA).

Colloquium
Going Beyond the Mixed Jurisdiction Theory: the Emergence of Hybrid Legal Systems and their Implications for the Comparative Lawyer

New Publication
Punitive Damages: Common Law and Civil Law Perspectives

Punitive damages remain one of the most controversial areas in the history of tort law. With the growing discourse on the subject on the continent and indeed across the globe, the Institute for European Tort Law of the Austrian Academy of Sciences concluded that it seemed worthwhile and even an urgency to discuss, thoroughly and on a comparative basis, the nature, role and suitability of such damages in tort law and private law in general. This is especially so in light of the attempts to reform and unify continental European legal systems and the recent seminal judgments and consultations in this field of law.
 
The Institute for European Tort Law thus embarked on a comprehensive study on punitive damages in 2007 and its publication, Punitive Damages: Common Law and Civil Law Perspectives, is now widely available. The European Centre of Tort and Insurance Law (ECTIL) also supported this publication through an operating grant from the European Commission.
 
The study covers jurisdictions that openly endorse punitive damages, in particular, England, South Africa and the United States as well as those jurisdictions which purport (sometimes emphatically) to deny their existence (although some of them covertly incorporate punitive damages into the framework of their tort systems). The position in France, Germany, Italy, Spain, Hungary, the Scandinavian countries as well as EU Law are thus considered. The study also includes a report on punitive damages from an insurance, law and economics and private international law perspective. A report on aggravated damages precedes a comparative report and conclusions. The publication follows a Conference held in November 2008 which was chaired by Sir Henry Brooke, whose chairmanship of the Law Commission for England and Wales coincided with the start of the Commission’s consultation on punitive damages, and Prof. Ken Oliphant, the recently appointed Director of the Institute for European Tort Law.
 
It will appeal to students, academics, practitioners, judges, policy makers and those in the insurance industry.

• H. Koziol/V. Wilcox (eds.), Punitive Damages: Common Law and Civil Law Perspectives (2009), ISBN 978-3-211-92210-1

The 8th Annual Conference on European Tort Law – a Success!

From the April 16, to April 18, 2009 the 8th Annual Conference on European Tort Law took place in Vienna. This year more participants than ever attended the conference organized by the Institute for European Tort Law of the Austrian Academy of Sciences (ETL) and the European Centre of Tort and Insurance Law (ECTIL).

New Publication
Economic Loss Caused by Genetically Modified Organisms
Liability and Redress for the Adventitious Presence of GMOs in Non-GM Crops

This book presents how European jurisdictions currently respond to economic losses caused by the admixture of genetically modified crops with conventional or organic crops and what alternatives there are from a comparative perspective. Country reports from most European countries are complemented by an economic analysis of possible solutions as well as a survey of insurance problems.

• B.A. Koch (ed.), Economic Loss Caused by Genetically Modified Organisms. Liability and Redress for the Adventitious Presence of GMOs in Non-GM Crops (2008), ISBN 978-3-211-77987-3

Institute for European Tort Law
Conference on Punitive Damages, Vienna

The Conference on Punitive Damages, organised by the Institute for European Tort Law, took place on Monday, 17 November 2008. Chaired by Sir Henry Brooke, former Chairman of the Law Commission for England and Wales, and the incoming Director of the Institute, Ken Oliphant, the Conference brought various country representatives together to present the position on punitive damages – whether openly or covertly endorsed – in their respective jurisdictions. The presentations, which also included ones from an insurance, law and economics and private international law perspective, were based on a study which will be published in spring 2009.

New Publication
European Tort Law 2007

The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports on most EU Member States, including the new Member States the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, Bulgaria and Romania. Furthermore, the Yearbook provides contributions from Norway and Switzerland as well as an overview of the developments in the field of EU law. In conclusion, a comparative summary reviews the essential aspects of all reports, which are written by scholars from the respective jurisdictions. Focusing on the year 2007, the authors critically report on important court decisions, present new legislation and provide a literature overview. In addition to the national reports, the European Tort Law 2007 Yearbook contains the opening lecture of the 7th Annual Conference on European Tort Law examining "The Development of Tort Law" as well as four essays on questions of prescription.

• H. Koziol/B. Steinger (eds.), European Tort Law 2007 (2008), ISBN 978-3-211-77991-0.

Tort Law Conference in Switzerland
EUROFORUM Haftpflicht Jahrestagung 2008

On October 2, 2008, current trends and developments in tort and insurance law were discussed at a EUROFORUM conference in Rüschlikon (Switzerland) chaired by the head of ECTIL's supervisory board, Pierre Widmer.

Principles Presentation
Society of Legal Scholars Annual Meeting

The Principles of European Tort Law were discussed at this year's Annual Meeting of the Society of Legal Scholars in London on September 17, 2008.

Guest Lecture
Anthony J. Sebok (Brooklyn Law School),
"Taking Tort Law Seriously in the Alien Tort Statute"

Professor Sebok was the Centennial Professor of Law and the associate dean for research at Brooklyn Law School, where he taught for 15 years. In 2005-06, Professor Sebok was a Fellow in the Program in Law and Public Affairs at Princeton University and is currently teaching at Cardozo Law School New York. He has authored numerous articles about mass restitution litigation, including lawsuits involving tobacco, handguns, and slavery reparations.

Professor Sebok gave a guest lecture on the 14th June 2008. The pictures of this event can be accessed via this link.

Guest Lecture
Sir Basil Markesinis, QC, DCL, LLD, FBA
"Weltliteratur and Global Law - Lessons from Goethe. How can one make comparative law appear relevant and useful to our times?"