Suchergebnisse

A multitude of medical products are being developed and produced as part of efforts to tackle COVID-19. They are varied in nature and range from test kits to tracing apps, protective equipment, ventilators, medicines and, of course, vaccines. The design, testing and manufacture of many of these products differs from production in normal times due to the urgency of the situation and the rapid increase in demand created by the pandemic. This article considers the legal issues arising as a result of the production of emergency products, particularly from a products liability perspective. To what extent do existing concepts under the European Product Liability Directive, such as defect, causation and the various defences, permit the pandemic to be taken into account when a Court is considering issues of liability? What is the impact on liability of the modified regulatory regime? In light of that discussion, the case for alternative responses is examined from a comparative and European perspective, including the issue of Government indemnities for the manufacturers of products, legal exemptions from liability and alternative no-fault compensation schemes.

According to the Commission Recommendation (2013/396/EU), Member States should have collective redress mechanisms available to achieve EU policy objectives such as better enforcement of European Union law, protection of consumers, improvement of access to justice, better efficiency of justice systems, avoidance of abusive litigation and an effective right to compensation. The Recommendation provides for its implementation by July 2015 and for a reassessment of the collective redress landscape across the EU by July 2017. The present study carries out a first assessment and its output will assist the Commission in evaluating if the Recommendation has led to the introduction or development of efficient collective redress regimes in the Members States; whether these regimes coherently take into account the principles set out by the Recommendation; and whether the Recommendation has achieved its policy goals.

Tom Bingham is among the most influential judges of the 20th century. This volume collects around 50 essays from colleagues and those influenced by Lord Bingham, from across academia and legal practice. The essays survey Lord Bingham's pivotal role in the transformations that have taken place in the legal system during his career

When bad guys march -- Denial, memory bans and social media -- Is Incitement on the Internet easier to punish than incitement on television? : a case study of the Koran-burning of Florida pastor Terry Jones -- Social media and fair trial -- Making the right to be delisted effective five years after Google Spain case-law -- First Amendment free speech rights against giant media platforms? : slim chance : why there Is no slippery slope from New York's public access cable stations to other media platforms (even if I wished there was) -- Pensées : speech, inference and the information panopticon -- Gatekeepers in the Internet era -- Fake news and democratic discourse -- Open government and privacy in an era of big data analytics -- The privacy of personal information under Australian privacy legislation -- Privacy : a post-Snowden analysis : comparative perspectives.

The recent release of the Covid-19 vaccine supply contract between the European Commission and Astra Zeneca has caused a political and media storm about vaccine production logistics and supply issues. A lesser noticed but controversial issue revealed by the contract is that of where ultimate liabilities should lie, which has potentially far-reaching consequences for the public purse. Many commercial contracts include so-called indemnity clauses hereby one party contractually agrees to cover liabilities incurred by the other. The European Commission accepted in Article 14 of the agreement an extremely broad indemnity of the manufacturer covering almost any and every defect imaginable whether that be the vaccine's inherent characteristics, manufacturing / distribution, and storage issues, labelling errors or even problems due to administration of the vaccine. This is a potentially significant burden to place on the state, and ultimately taxpayers.

AbstractThis article analyses the challenges that online marketplaces and e-commerce pose to traditional product liability doctrines. It uses a comparative perspective to examine whether an online platform can be liable to a consumer for a defective product purchased on its platform, and the adaption of product liability law to this challenge in a series of jurisdictions. It reflects on the role of litigation and regulation, focusing on Europe and the United States, and considers reform in a number of jurisdictions in this area. It concludes with proposals for increasing the accountability of online marketplaces for products sold on their websites.

Under Council Directive 85/374/EEC, liability of a producer crucially depends upon the proof of a product's defectiveness. This central notion of the Directive has however long been the source of debate regarding the extent to which it is grounded in a solely safetybased approach, or whether a risk-benefit approach may be admitted. The defectiveness concept is now subject to a growing body of case law. This article examines how the courts in a selection of Member States (MS) approach the notion of defect and take account of riskbenefit considerations in determining whether a product is defective. It aims, first, at lowering the level of complexity which was added to the definition of defect in theDirective by the discretion given to national courts on the applicable standard of liability. Second, it means to show the real level and scope of harmonization of the product liability law in the EU by revealing differences that still exist in the interpretation of seemingly harmonized laws. Third, it aims to contribute to the clarification of whether the risk-benefit test is compliant with the spirit of the Directive, and thereby informing policy makers at a time where the guidelines of interpretation of the Directive are being prepared.