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The European Commission published a proposal for a directive on adapting non-contractual civil liability rules to artificial intelligence (the 'AI liability directive') in September 2022. The Commission proposes to complement and modernise the EU liability framework to introduce new rules specific to damages caused by AI systems. The new rules intend to ensure that persons harmed by AI systems enjoy the same level of protection as persons harmed by other technologies in the EU. The AI liability directive ...

The Russian invasion has caused huge destruction of life and property in Ukraine. Reconstruction will be a long and costly process, and the EU and others are already marshalling funds for this effort. Some EU leaders have expressed support for using frozen Russian central bank (RCB) funds towards reconstruction, but it is unclear if this will actually happen. There are recent examples of sovereign assets being confiscated and used to compensate victims of injustice, but the confiscation of Russia's ...

Adopted in 1985, the Product Liability Directive (PLD) introduced a strict, harmonised product liability framework and legal certainty for producers and consumers facing damage caused by defective products. The PLD has co-existed for almost 40 years with national liability rules, offering a fault-based product liability system. The PLD also complements other legal instruments within the EU liability framework that address, for example, contractual liability and product safety. Significant societal ...

This study – commissioned by the Policy Department C at the request of the Committee on Legal Affairs – analyses the notion of AI-technologies and the applicable legal framework for civil liability. It demonstrates how technology regulation should be technology-specific, and presents a Risk Management Approach, where the party who is best capable of controlling and managing a technology-related risk is held strictly liable, as a single entry point for litigation. It then applies such approach to ...

Action for damages against the EU

Briefing 07-12-2018

Most legal systems, both of states and of international organisations, provide for the liability of public administrations for damage done to individuals. This area of the law, known as 'public tort law', varies considerably from country to country, even within the European Union (EU). The EU Treaties have, from the outset, provided for liability of the EU for public torts (wrongs), in the form of action for damages against the EU, now codified in the second and third paragraphs of Article 340 of ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the proposal for a Directive on Actions for Antitrust Damages, submitted on 11 June 2013. It analyses whether the principal criteria laid down in the Commission’s own Impact Assessment Guidelines, as well as additional factors identified by the Parliament in its Impact Assessment Handbook, appear to be met by the IA. It does not attempt to deal with the ...

Some financial products facilitate (“Financial Instruments”’) the use of voting rights that can be considered questionable under the law (“Questionable Uses of Voting Rights”). These Questionable Uses of Voting Rights become apparent when, using the Financial Instruments, an investor is in a negative voting situation. This situation occurs when an investor, being indifferent to the impact of his vote for the company (“Empty Voter”), uses his vote to implement a conflict of interest, sometimes by ...