Chapter 10: E-commerce from a Private Law Perspective
Vincenzo Zeno-Zencovich 1. TORTIOUS LIABILITY IN EU LAW Before considering the role of the tortious provisions in Directive 2000/31, in the regulatory strategies and governance in European private law,1 one should point out that tortious liability is only episodically considered in EU law. A summary survey offers limited and piecemeal results: products liability2, environmental damage,3 aviation disasters,4 some limited aspects of compulsory car insurance,5 liability of public bodies in public procurement procedures,6 data protection,7 compensation to victims of crime8 and 1 The topic is examined, in a comparative perspective, by C. Rossello, Commercio elettronico. La governance di Internet tra diritto statuale, autodisciplina, autodisciplina, soft law e lex mercatoria, Milan, Giuffrè 2006 (especially chapter 1). 2 Council Directive 1985/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products. 3 Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (and previously Directives 1975/439 on waste oils, 1975/442 on waste, 1978/319 on toxic waste). 4 Council Regulation (EC) 2027/97 of 9 October 1997 on air carrier liability in the event of accidents (now modified by Regulation 889/02 and, for the contractual provisions, by Regulation 261/04). 5 Third Council Directive 1990/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use...
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