OVERVIEW

The course of European Private Law deals with the areas of tort law that have been harmonized at EU level. All topics will be adressed both from a substantial and a procedural point of view. In particular, the following issues will be adressed: relations between public and private enforcement, discovery, collective redress mechanisms (inhibitory and compensatory), third party litigation funding, competition between jurisdictions.

AIMS AND CONTENT

LEARNING OUTCOMES

This unit deals with the law of contract and of consumer protection. Objective of the unit is to introduce students to the study of the areas of contract law subject to harmonization or unification by EU law, in particular consumer law. Topics covered include the discipline of unfair contract terms and the sale of consumer goods. This unit deals with tort law in European private law and the private enforcement of EU rights. In particular, it deals with State liability for breach of EU law, product liability and action for damages for infringement of EU competition law. Moreover, it deals with private enforcement of EU rights, through collective injunctions and class actions.

AIMS AND LEARNING OUTCOMES

The aim of the course is to provide students with a good understanding of EU private law and of the most relevant decisions of the European Court of Justice. The student should also gain an understanding of the different kinds of harmonisation (maximum and minimum) and of interaction between EU law and national laws. Finally, students should also gain confidence with competition between national jurisdictions and which factors may make one jurisdiction more attractive than another.

TEACHING METHODS

Discussion of real life cases. Active participations by students is expected.

SYLLABUS/CONTENT

• General principles on liability for infringement of EU law
• Product liability
• Private enforcement of competition law
• Unfair commercial practices
• Private enforcement of Digital Markets Act
• Private enforcement of financial market regulation
• Representative and collective actions
• Third-party litigation finance

RECOMMENDED READING/BIBLIOGRAPHY

Mandatoiry readings will be made available on the class page in Aulaweb.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

The starting of classes will be published on the the webpage of the Department.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam is oral.

ASSESSMENT METHODS

Two or three open questions on the reading material made available to students during the class.