News & Analysis as of

Damages European Union

A&O Shearman

French Class action reform: key changes introduced by the law of April 30, 2025

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Until this date, five different class actions regimes applied to consumer protection, antitrust, public health, discrimination, data protection, and environmental law. Each of these regimes had its own specificities...more

Morgan Lewis

A German Court Goes Green? Recent Developments in German Climate Litigation

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The Higher Regional Court Hamm dismissed a Peruvian farmer’s claim against a large international energy group for damages related to climate change but acknowledged in an obiter dictum that such claims may be legally possible...more

Faegre Drinker Biddle & Reath LLP

Ten Things to Know About the European Union’s New Product Liability Directive

After it was initially proposed more than two years ago, the European Union passed a new product liability directive (PLD) on Dec. 9, 2024, which prescribes a new legislative framework to expand and modify product liability...more

Jones Day

EU Anti-SLAPP Directive: Public Participants May Claim Compensation for Strategic Litigation Outside EU

Jones Day on

The European Union's Directive 2024/1069 (the "Directive") aims to protect individuals and organizations engaged in public participation (such as NGOs, journalists and academics) from strategic lawsuits against public...more

A&O Shearman

The Unified Patent Court asserts its jurisdiction to determine damages following national court infringement ruling

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In a landmark decision Fives ECL, SAS v. REEL GmbH on January 16, 2025, the Court of Appeal (CoA) of the Unified Patent Court (UPC) clarified the jurisdictional boundaries of the UPC. This decision has far-reaching...more

A&O Shearman

Private damages activity escalates across key jurisdictions

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In the EU, the surge in private damages actions following the transposition of the Private Damages Directive (PDD) at member state level has brought to the fore several novel legal questions, prompting national courts to...more

A&O Shearman

Global antitrust enforcement report - 2025

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2024 saw a significant increase in overall global fines for antitrust enforcement, with total penalties for the jurisdictions surveyed in our report at USD6.7 billion, over double that of 2023 (USD2.9bn) and substantially...more

Morgan Lewis

The Weakening of Business Secrecy Before French Judges: The Negative Counterpart of the Right to Evidence in a Fair Trial

Morgan Lewis on

The French High Court has just handed down a ruling confirming the weakening of the force of business secrecy in the name of the right to evidence principle, based on the right to a fair trial found in article 6 of the...more

Wilson Sonsini Goodrich & Rosati

EU Court Awards Damages for Breach of EU Data Transfer Rules

On January 8, 2025, the second highest court of the European Union (EU), the General Court of the Court of Justice of the EU (the Court), ordered (in Bindl v European Commission, Case T-354/22) the European Commission (EC) to...more

DLA Piper

Germany: Update: Judgment on Non-Material Damages for Loss of Control Over Personal Data

DLA Piper on

In its judgement of November 18, 2024 (case number VI ZR 10/24) the German Federal Court of Justice (Bundesgerichtshof – “BGH”) clarified key legal issues regarding claims for damages under Article 82 GDPR in the event of a...more

A&O Shearman

UPC ruling on Panasonic v. Oppo: A landmark decision on SEPS and FRAND

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On November, 22, 2024, the Mannheim Local Division of the Unified Patent Court (UPC) delivered a landmark ruling in Panasonic v. Oppo, setting a significant precedent in the realm of Standard Essential Patents (SEPs) and...more

DLA Piper

Germany: Judgment on Non-Material Damages for Loss of Control Over Personal Data

DLA Piper on

On November 18, 2024, the German Federal Court of Justice (Bundesgerichtshof – “BGH”) made a (to date unpublished) judgment under the case number VI ZR 10/24 regarding claims for non-material damages pursuant to Art. 82 GDPR,...more

A&O Shearman

Cap-tivating: what is caught by a liability cap?

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The Court of Appeal's recent judgment in Topalsson v Rolls-Royce looks at how the set-off of counterclaims should be addressed as well as interest when it comes to liability caps....more

Baker Botts L.L.P.

Challenging Windfall Taxes in the Energy Sector: Klesch Group & Raffinerie Heide v. Federal Republic of Germany

Baker Botts L.L.P. on

On 23 July 2024, a distinguished international arbitral tribunal issued a significant decision on provisional measures in Klesch Group and Raffinerie Heide v. Germany (ICSID Case No. ARB/23/49). The three arbitrators – Mr....more

A&O Shearman

Ships in the night? Loss of bargain damages and repudiatory breach

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Questions about damages always seem to be far more difficult to answer than they ought to be. Here the court, overturning an arbitration tribunal on a point of law, found that a contractual right to terminate an agreement to...more

WilmerHale

Private Enforcement of EU Competition Law: Recent Developments

WilmerHale on

As already outlined in last year’s overview, since the enactment of EU Directive 2014/104 (‘Damages Directive’), private enforcement of EU competition law in the EU has continued to develop at an impressive pace. Putting...more

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

A&O Shearman on

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)

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

Paul Hastings LLP on

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

Jones Day on

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

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

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