The Regulatory Function of European Private Law

The Regulatory Function of European Private Law

Edited by Fabrizio Cafaggi and Horatia Muir Watt

In the context of the current debate on the desirability and process of forming European private law (EPL), this book considers one fundamental question addressing its descriptive and normative dimension: does and should EPL pursue regulatory objectives beyond market integration?

Chapter 10: E-commerce from a Private Law Perspective

Vincenzo Zeno-Zencovich

Subjects: law - academic, european law


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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