…casebooks for the common law of europe project. its content is mainly based on the information...

IUS COMMUNE CASEBOOKS FOR THE COMMON LAW OF EUROPE

Cases, Materials and Text on

National, Supranational and International Law

General editor: Prof. Dr. Walter van Gerven

www.law.kuleuven.ac.be/casebook www.rechten.unimaas.nl/casebook

SCIENTIFIC REPORT

Dimitri Droshout, Pierre Larouche (eds.)

Update: Tuesday, 21 October 2003. This report provides an overview of the state of affairs of the Ius Commune Casebooks for the Common Law of Europe Project. Its content is mainly based on the information available at the Project’s website. In its first part, the report contains general information on the Casebook Project, including an overview of the composition of the task forces. Several task forces will still expand in the course of the next months. They are marked with an asterisk. The second part is made up of progress reports that were submitted by the task forces which are currently preparing new volumes in the series. Those progress reports briefly describe the principal factors which actually inspired a task force to search for a common law of Europe in a particular branch of the law. The preliminary tables of contents of the casebooks on civil procedure, company law, medical law and property law have already been agreed upon during task force meetings. The other preliminary tables of contents have the status of a proposal that will serve as a guide for discussion during task force meetings. The volumes in preparation are part of a so-called 'second wave' of casebooks, the publication of which is expected as from late 2005.

TABLE OF CONTENTS NEWS ........................................................................................................ 5 Casebooks PUBLISHED CASEBOOKS.............................................................................. 6

Recommended citation ............................................................................. 6 CASEBOOKS IN PREPARATION...................................................................... 7 The Project AIM ........................................................................................................... 8 RESEARCH APPROACH ................................................................................. 9 DEVELOPMENT.......................................................................................... 10 FURTHER READING ................................................................................... 11 The Network STEERING COMMITTEE .............................................................................. 12

Former Members ................................................................................... 12 MANAGEMENT COMMITTEE......................................................................... 13

Short Biographies .................................................................................. 13 TASK FORCES........................................................................................... 16

Published Casebooks .............................................................................. 16 Casebooks in Preparation........................................................................ 16

MEETINGS / CONFERENCES........................................................................ 18 Network................................................................................................ 18 Presentations of the Project .................................................................... 18

CONTACT ................................................................................................. 19 INSPECTION COPIES ................................................................................. 20 PUBLISHER............................................................................................... 20 Published Casebooks TORT LAW - SCOPE OF PROTECTION ........................................................... 23 TORT LAW................................................................................................ 24 CONTRACT LAW ........................................................................................ 25 UNJUSTIFIED ENRICHMENT........................................................................ 27 Casebooks in Preparation CIVIL PROCEDURE .................................................................................... 31 COMPANY LAW.......................................................................................... 33 COMPETITION LAW ................................................................................... 35 CONSUMER LAW ....................................................................................... 36 JUDICIAL REVIEW OF ADMINISTRATIVE ACTION........................................... 37 LABOUR LAW............................................................................................ 38 LAW AND ART........................................................................................... 39 LEGAL REASONING ................................................................................... 40 MEDICAL LAW........................................................................................... 41 NATIONALITY AND IMMIGRATION LAW & POLICY between Domestic Reform and Europeanisation ........................................................................................ 42 PROPERTY LAW......................................................................................... 43 PUBLIC INTERNATIONAL LAW from a European Perspective............................ 44

Ius Commune Casebooks for the Common Law of Europe 5

NEWS

JULY 2003 Action Plan on European Contract Law / CFR / FP6. @ Download the reaction of the Ius

Commune Casebook Project on the Action Plan on European Contract Law launched by the European Commission. First, the aims and the essential features of the methodology are set out. We then focus on contract law, discussing the Project's specific achievements and future objectives in that area, and indicating what could be our contribution to the Common Frame of Reference ("CFR"). Please contact the research coordinator for an elaborated standpoint focussing on cooperation with other initiatives under FP6. Update website. The website was relaunched shortly after the publication of the Casebook on

Unjustified Enrichment. It now contains information on the published casebooks, as well as on the progress of casebooks in preparation.

JUNE 2003 Unjustified Enrichment published. The casebook on the law of restitution or unjustified

enrichment has been published in June 2003. The book contains excerpts from legal doctrine, leading cases and legislation from the main legal traditions within Europe (English, French and German law), the Netherlands and the Scotch as well as the South-African mixed legal system.

OCTOBER 2002 Contract Law already in reprint. Some 1.000 copies of the casebook have been sold since

its publication earlier this year.

JULY 2002 Casebook on Tort Law cited by the House of Lords. The Ius Commune Casebook on Tort

Law has been cited extensively by Lord Bingham of Cornhill and Lord Rodger of Earlsferry in a House of Lords decision of June 20, 2002 (Fairchild v. Glenhaven). In that case, the plaintiffs suffered from an asbestos-related occupational disease (mesothelioma). They had worked for two employers, each of whom was in breach of its duty to protect its employees from inhaling asbestos dust. The victims could not prove whether their illness was caused by the first or the second employer, or by both. Relying among others on a comparative survey where the Casebook on Tort Law was referred to with approval, the House of Lords set aside the "but for" causation test, reversed the judgment of the Court of Appeal and found for the plaintiffs.

JUNE 2002 FP6 - Expression of Interest to become a "Network of Excellence". The Ius Commune

Casebook Project submitted an Expression of Interest (EoI) confirming its interest to set up a so-called "Network of Excellence" to participate in research actions related to the thematic priorities 1.1.7.i and 1.1.7.ii of the sixth framework programme of the European Community for research, technological development and demonstration activities (RTD).

MAY 2002 New website released. This website replaces the earlier version, which was mostly devoted

to the volumes on Tort Law and Tort Law - Scope op Protection. The actual version contains largely extended general information on the Ius Commune Casebook Project.

MARCH 2002 Contract Law published.


PUBLISHED CASEBOOKS

Unjustified Enrichment (2003) Original language versions partly available (in particular German and Dutch judgements).

Contract Law (2002) Original language versions not yet available.

Tort Law (2000) Original language versions and additional materials (pdf) available.

Tort Law, Scope of Protection (1998, out of print) Original language versions available.

Recommended citation

W. van Gerven, Tort Law - Scope of Protection (Oxford, Hart Publishing, 1998).

W. van Gerven, J. Lever and P. Larouche, Tort Law (Oxford, Hart Publishing, 2000).

H. Beale, H. Kötz, A. Hartkamp and D. Tallon, Contract Law (Oxford, Hart Publishing, 2002).

J. Beatson and E. Schrage, Unjustified Enrichment (Oxford, Hart Publishing, 2003).


CASEBOOKS IN PREPARATION

Civil Procedure

Company Law

Competition Law

Consumer Law

Judicial Review of Administrative Action

Labour Law

Law and Art

Legal Reasoning

Medical Law

Nationality and Immigration Law

Property Law

Public International Law from a European Perspective


AIM

"Developing teaching materials for use throughout Europe and elsewhere" "Uncovering common principles already underlying existing laws"

The Ius Commune Casebooks for the Common Law of Europe Project aims to produce a collection of casebooks, covering each of the main fields of law. These casebooks comprise cases and other materials (legislative materials, international materials, draft model principles, restatements and excerpts from books or articles, as appropriate). Those materials should relate, as much as possible, to similar problems or factual situations under the various legal systems under study. The materials will be accompanied by short introductory and explanatory notes to situate them in context. At the end of each section, a comparative overview will tie together the materials included under that section, with emphasis, where possible, on existing or emerging general principles in the national and supranational legal systems of Europe. The Casebooks are suitable not only for educational but also for research and reference purposes.

The Ius Commune Casebooks on Tort Law (published in 2000) and Contract Law (published in 2002) are already used in a number of universities in the United Kingdom, the United States, Germany, France, Belgium, the Netherlands and even in Australia and Japan. It is hoped that the use of the casebooks will spread further throughout Europe and worldwide, so that the series can become a point of reference for academics, practitioners, judges, officials and students alike.

The functional method, based on cases and concrete problems, has proven very useful and effective in introducing students and scholars to any given field of law. The Ius Commune Casebooks present the additional advantage that academics and students from across Europe (including the new EU members from Central Europe) and beyond can study and discuss the same leading cases and materials. With time, a fertile ground will be created, upon which the various legal systems can meaningfully grow together in any chosen fashion. In the long run, this may prove to be the most valuable contribution of the casebooks towards the emergence of a common law of Europe.

The casebooks have already proved useful for members of the judiciary (the Casebook on Tort Law was cited twice by the House of Lords so far: McFarlane v. Tayside Health Board and Fairchild v. Glenhaven), the administration, the Bar or in-house legal departments who wish to know how other national or supranational legal systems respond to problems with which they find themselves confronted.

"...students from across Europe and

beyond can study and discuss the same leading cases and

materials"


RESEARCH APPROACH

The research method underpinning the Ius Commune Casebooks for the Common Law of Europe is characterised by the following distinctive features:

a case-based and therefore bottom-up approach to the study of the law to uncover common general principles which are already present in the living law, rather than a top-down approach followed by other complementary projects which endeavour to formulate rules and model principles;

a functional comparative method searching for similarities in dealing with comparable situations under the three major legal systems of Europe (English, French and German law); materials from other legal systems will be included when they present an original approach or an evolution when compared to the main legal systems.

an emphasis on the impact of European law (both EU and ECHR law) as a driving force towards the emergence of a new ius commune;

a focus on concepts, principles and underlying policy decisions as opposed to mere "rules" (thus seeing the various legal national laws as alternative options rather than stand-alone systems);

a strategic vision of the role of comparative law as a tool to bring forward the common European legal heritage while respecting cultural diversity.


DEVELOPMENT

The first stage The Ius Commune Casebook Project was initiated in 1994 by Prof. Walter van Gerven and Mrs. Adriana Alvarez. It was initially sponsored by the European Commission and afterwards by the Universiteit Maastricht. During its first stage, the Project was hosted by the Universiteit Maastricht. In addition to Professor van Gerven, several staff members of the Katholieke Universiteit Leuven contributed to the Project. Casebooks were prepared on Tort Law, Contract Law, Unjustified Enrichment and Judicial Review of Administrative Action. A preliminary casebook dealing with the scope of protection offered by tort law was already published in 1998, and distributed throughout Europe. It was launched at Gray's Inn, London on 1 April 1998 in the presence of distinguished members of the academia, the judiciary and the Bar. In 2000, that volume was included in the full Casebook on Tort Law. Contract Law appeared in March 2002 and the volume on Unjustified Enrichment will be published at the beginning of the summer of 2003. The volume on Judicial Review of Administrative Action is still under preparation.

The second stage At the end of 2001, a second project stage has been launched, jointly sponsored by the Faculty of Law of the Katholieke Universiteit Leuven and the Faculty of Law of the Universiteit Maastricht, which are both members of the Ius Commune Research School. It is actually hosted by the Maastricht European Institute for Transnational Legal Research (METRO) and the Leuven Centre for a Common Law of Europe (Leuven CCLE). New task forces are starting work to edit casebooks on Civil Procedure, Company Law, Competition Law, Consumer Law, Labour Law, Law and Art, Legal Reasoning, Nationality and Immigration Law and Policy, Medical Law, Property Law and Public International Law from a European Perspective. The project is obviously an ongoing project. It is hoped that some of the users of the books will volunteer for co-operation. Please contact the Project's Research Coordinator if you are interested in participating in the Ius Commune Casebook Project.


FURTHER READING

W. VAN GERVEN, "A Common Frame of Reference and Teaching" (forthcoming: European Journal of Legal Education). W. DEVROE and D. DROSHOUT, "The Ius Commune Casebook Project"

http://www.law.kuleuven.ac.be/casebook / http://www.rechten.unimaas.nl/casebook (also published in an earlier, extended version: W. DEVROE and D. DROSHOUT, "The Leuven Centre for a Common Law of Europe and the Ius Commune Casebook Project" (2003) 2 ERA Forum, Scripta Iuris Europaei 114-121). W. VAN GERVEN, "Codifying European Private Law: Top Down and Bottom Up" in: S.

GRUNDMANN / J. STUYK (eds.), An Academic Green Paper on European Contract Law (The Hague, Kluwer Law International, 2002) 405-432.

W. VAN GERVEN, "Codifying European private law? Yes, if..!" (2002) European Law Review, 156-176.

W. VAN GERVEN, "Comparative Law in a Regionally Integrated Europe" in A. HARDING / E. ÖRÜCÜ (eds.), Comparative Law in the 21st Century (2002 Institute of Advanced Legal Studies) 155-178. P. LAROUCHE, "L'intégration, les systèmes juridiques et la formation juridique" (2001) 46

McGill LJ 1101. P. LAROUCHE, "Ius Commune Casebooks for the Common Law of Europe: Presentation,

Progress, Rationale" (2000) 8 European Review of Private Law 101. P. LAROUCHE, "Recueils Ius commune pour le droit commun de l'Europe" (2000) 3:1 Revue de

la common law en français 99. W. VAN GERVEN, "Casebooks for the common law of Europe: Presentation of the project"

(1996) 4 European Review of Private Law 67.


STEERING COMMITTEE

The Steering Committee oversees the activities of the Casebook Project, with a view to ensuring its scientific value and establishing its reputation.

Prof. Em. Walter van Gerven Chair - Project Initiator, Catholic University Leuven and Maastricht University, former Advocate General, ECJ

Lord Bingham of Cornhill Senior Law Lord

Xavier Blanc-Jouvan University Paris I

Hans Danelius Swedisch Supreme Court

Roger Errera Conseiller d'Etat, Paris

Francis Jacobs Advocate General, ECJ

Thijmen Koopmans Em. Advocate General, Hoge Raad, The Netherlands

Prof. Hein Kötz Bucerius Law School, Hamburg

Prof. Jurgen Schwarze Freiburg University, Germany

Prof. Bruno De Witte Maastricht University and European University Institute

Prof. Michael Faure Maastricht University

Dimitri Droshout Project Research Coordinator, Catholic University Leuven and Maastricht University (as from October 2001)

Former Members

Adriana Alvarez Project Research Coordinator, Maastricht University (until September 2001)


MANAGEMENT COMMITTEE

The members of the Management Committee represent the law faculties which host the Ius Commune Casebook project. The Management Committee assesses the proposals to edit new volumes in the series, monitors and supports the activities of the current Task Forces and guarantees the overall consistency of the casebooks.

Click a name in the list below to access the individual curricula vitae. Prof. Walter van Gerven, Project Initiator (Universities of Leuven and Maastricht, former

Advocate General ECJ) Prof. Pierre Larouche, Chair (Tilburg University) Dimitri Droshout, Project Research Co-ordinator (Universities of Leuven and Maastricht) Prof. Wouter Devroe (Universities of Leuven and Maastricht) Prof. Jan M. Smits (Maastricht University) Prof. Sophie Stijns (Leuven University) Prof. Sjef Van Erp (Maastricht University) Prof. Jan Wouters (Universities of Leuven and Maastricht)

Short Biographies

Prof. Walter van Gerven (Project Initiator) Professor em. K.U.Leuven and U.Maastricht. Visiting professor King's College and U.Gent. Member (and past president in 1991) of the Royal Flemish Academy of Belgium of Sciences and Arts (since 1977); Foreign Member of the Royal Dutch Academy of Sciences (since 1985) and Member of the European Academy of Sciences since 1989). Member of the Board of Trustees of K.U.Leuven; Vice-President of the Board of Trustees of the European Law Academy of Trier. Visiting professor University of Chicago (1968-69), University of Amsterdam (1981-86) and others. Formerly Vice-Rector and Chairman of the Social Sciences Group of K.U.Leuven (1970-76). Formerly President of the Belgian Banking Commission (1982-88). Formerly Advocate General of the European Court of Justice in Luxembourg (1988-94). Chairman of the Dutch board of Quality Assessment of Research for the period of 1990-95; External expert of the UK Research Assessment Exercise for Law 2001. Member of the Independent Experts Committee designated by the European Parliament to investigate fraud, mismanagement and nepotism in the European Community (1999). Arthur and Frank Payne Distinguished Lecturer at the Institute for International Studies at Stanford University, USA (2003). Member of advisory committees and editorial boards of numerous scientific institutions and periodicals. Author of approximately 10 books on law and 270 scientific publications in legal periodicals.

Prof. Pierre Larouche (Chair) Dr. Pierre Larouche is a member of the Quebec Bar (1991). He graduated from the Faculty of Law of McGill University (Montreal) in 1990. He clerked at the Supreme Court of Canada in 1991-1992. In 1993, he obtained a masters degree from the Rheinische Friedrich-Wilhelms Universität Bonn. Thereafter he practised law for three years within the European Community law unit of Stibbe Simont Monahan Duhot in Brussels. Since 1996, he has been at the Universiteit Maastricht, working with Professor Walter van Gerven in the Ius Commune Casebooks Project, which led to the publication of the Casebook on Tort (2000). At the same time, he obtained his doctorate in 2000. He was appointed universitair docent (lecturer) in 1999 and universitair hoofddocent (senior lecturer) in 2002. He teaches media law, basic Community law and the common European law of torts. His research interests are in EC competition, telecommunications, media and Internet law, as well as comparative private law.

Dimitri Droshout (Project Research Coordinator) Dimitri Droshout (born: 1975) studied law at the University of Leuven (Katholieke Universiteit Leuven, lic. jur. 1999). From 1999 to 2001, he was a research fellow at the Institute for Commercial Law and Insurance Law / the Centre for Risk and Insurance Studies of the University of Leuven. In October 2001, he was appointed Deputy Director of the Leuven Centre for a Common Law of Europe (Leuven CCLE) and Project Research Co-ordinator of the Ius Commune Casebooks for the Common Law of Europe Project, a joint initiative of the universities of Leuven and Maastricht, hosted by Leuven CCLE and the Maastricht European Institute for


Transnational Legal Research (METRO). Since 2002, he has been teaching a course on comparative tort law in Europe at the LL.M programme in Comparative, European and International Law of the University of Maastricht. His research mainly focuses on tort law and comparative law. He contributed to a research project on the insurability of long-tail liabilities funded by the Fund for Scientific Research Flanders, to various country reports for the European Group on Tort Law (Tilburg Group) and the ECTIL, as well as to a EU-funded study on the legal aspects of virtual enterprises. He is editor (together with W. Devroe) of the Walter van Gerven Lectures.

Prof. Wouter Devroe Wouter Devroe (°1967) is a full time professor at the Faculty of Law of the Katholieke Universiteit Leuven, a Senior Lecturer at the Faculty of Law of the Universiteit Maastricht, and a member of the Belgian 'Raad voor de Mededinging/Conseil de la concurrence', national competition authority and administrative court. He studied law in Leuven (K.U.Leuven, lic. jur. 1990, summa cum laude), Heidelberg (Ruprecht-Karls Universität, 1989-1990, Erasmus) and Northwestern University, Chicago (LL.M. 1991, Fulbright grant). From 1992 to 1995, he clerked at the European Court of Justice. In 2000, he defended a Ph.D. thesis on privatisation, corporatisation and public service law. He is currently teaching European, comparative and tax law courses. Publications focus on national and Community economic law.

Prof. Jan M. Smits Prof. dr. Jan M. Smits (1967) pursued his law studies at the University of Leiden (1986-1990) and Poitiers (1991). Then, he was a research fellow at Leiden University (1991-1995), where he obtained his doctor's degree in 1995 on a thesis on The Reliance Principle in Contract Law. In 1995, he was a junior lecturer in the University of Stellenbosch and a lecturer at Tilburg University. In 1996, he joined the Law Faculty of Maastricht University as a senior lecturer, where he was appointed to the Chair of European Private Law in 1999. He is also a permanent visiting lecturer at the University of Liège. Jan Smits has published widely in the field of private law, comparative law and legal theory. Among his recent publications are The Making of European Private Law (2002), The Good Samaritan in European Private Law; On the Perils of Principles without a Programme and a Programme for the Future (2000) and Remedies in het Belgisch en Nederlands contractenrecht (with Sophie Stijns, 2000). He is also coordinator of several programmes of the Ius Commune Research School, Member of the editorial board of the Maastricht Journal of European and Comparative Law and co-editor of the Ius Commune Lectures on European Private Law. He also holds several other editorships, is a permanent lecturer for the Dutch Association of Business Lawyers and has been a visiting professor at Tulane Law School, at the University of Benin (Lomé) and at Leuven University.

Prof. Sophie Stijns Current functions: Professor of Law of Obligations (including Contract and Tort Law), Catholic University Leuven and Catholic University Brussels; visiting professor Law of Obligations, U.C.L.; director of the Institute of Law of Obligations, Catholic University Leuven; promotor with Koen Geens of the Advanced Master in Company Law, Catholic University Leuven and Catholic University Brussels; member of the Belgian "Unfair Terms Commission"; Belgian member of the Coordinating Group and the Drafting Group of the "von Bar Commission", (Study Group on a European Civil Code); founder and member of the board of SECOLA (Society of European Contract Law); coordinator of the European Private Law Program in the Ius Commune Research School; member of the editorial board of the Revue Général de Droit Civil Belge; member of the editorial board of the Ius Commune Lectures on European Private law; editor of the Tort Law - monographs in the International Encyclopaedia of Laws. Former functions: Assistant of Professor Walter van Gerven, in the field of Law of Obligations, K.U.Leuven (1985-1992); Attorney at law, "Legrand et Associés", Leuven (1985-2000); Studies: PhD in Law, Catholic University Leuven (1993); Lic. Juris, Catholic University of Leuven (1985); Publications: Sophie Stijns has published widely in the field of private law, especially in the field of contract law. She obtained her doctor's degree with a thesis on termination of contracts in Belgium, the Netherlands and France. This book was granted with the F. Collin Award in 1994. Among her recent publications are a book on contractual remedies in Belgium and the Netherlands (with Jan Smits, 2000), as well as a book on strict liability between neighbours (Troubles de voisinage) (with her colleague and husband, Hendrik Vuye, 2000). In addition to several articles, she's also responsible for the publication of a review of jurisprudence in the law of obligations in the Journal des Tribunaux and for the one on contracts in the Belgian Journal of Private Law (Tijdschrift voor Privaatrecht).

Prof. Sjef Van Erp Sjef van Erp holds a law degree from Tilburg University (1977) and studied at the Faculté


Internationale pour l'Enseignement du Droit Comparé and the Hague Academy of International Law. After working as a research assistant and advisor at the Netherlands Royal Society of Notaries, he started working as an assistant professor at the Faculty of Law, Tilburg University. As a visiting scholar, he did comparative legal research at the Max Planck Institut für ausländisches und internationales Privatrecht (Germany), Wolfson College Cambridge (UK) and Berkeley (US). In 1990, he finished his doctorate thesis and continued his work at Tilburg University as an associate professor. He continued his research abroad at Cambridge (UK), Berkeley (US), Quebec (Canada), Harvard (US), Osnabrück and Hamburg (Germany). He was visiting professor at Université Laval (Quebec, Canada) and Cornell University (US); and Socrates visiting professor at Trento University (Italy). In 1997, Sjef van Erp was appointed professor of Civil Law and European Private Law at Maastricht University. He is deputy justice at the Court of Appeals of 's-Hertogenbosch, deputy judge at the District Court of Amsterdam, President of the board of the Netherlands Comparative Law Association and co-founder and member of the board of the Dutch Inter-University Foundation for the Study of European Private Law. Other professional activities include: membership of a Dutch group of experts to assist the Russian Federation, Armenia, Mongolia, Ukraine, Eritrea, Belarus, the Baltic States and Hungary during the redrafting process of civil and commercial law (including the training of judges), and board member of the Netherlands Inter-University Foundation 'Centre for International Legal Cooperation'.

Prof. Jan Wouters Current Functions: Professor of International Law, K.U.Leuven; Professor of European Banking and Securities Law, Maastricht University; Of counsel, Linklaters De Bandt, Brussels Former functions: Lecturer and Senior Lecturer in International and European Law, Maastricht University (1994-1998) and Antwerp University (1998); Legal Secretary, Court of Justice of the European Communities, Luxembourg (1991-1994); Legal adviser to the Belgian Minister of Finance, Brussels (1989); Assistant in commercial, economic and financial law, Antwerp University (1987-89) Studies: PhD in Law, Catholic University of Leuven (1996); Visiting Researcher, Harvard Law School (1990-91); Master of Laws, Yale University (1989-90); Lic. Juris, Antwerp University (1987); Bachelor of Philosophy, Antwerp University (1984) Publications: Books and articles on public international and EU law and on national, comparative and European company and financial law


TASK FORCES

Published Casebooks Casebooks in Preparation

Published Casebooks

Tort Law - Scope of Protection Walter van Gerven (University of Leuven, University of Maastricht), Jeremy Lever, QC (British Institute of International and Comparative Law), Pierre Larouche (Tilburg University), Christian Von Bar (University of Osnabrück), Geneviève Viney (University Paris I)

TORT LAW General Editors: Walter van Gerven (University of Leuven, University of Maastricht), Jeremy Lever, QC (British Institute of International and Comparative Law), Pierre Larouche (Tilburg University) Contributors: Ignace Claeys (University of Leuven), Sofie Covemaeker (University of Leuven), Bart De Temmerman (University of Leuven), Sophie Stijns (University of Leuven), Iris Vervoort (University of Leuven), Jan Wouters (University of Leuven, University of Maastricht)

CONTRACT LAW General Editors: Hugh Beale (University of Warwick), Hein Kötz (Buccerius Law School), Arthur Hartkamp (Advocate General, Hoge Raad, The Hague), Denis Tallon (University of Paris II) Contributors: John Harrington, Martijn Hesselink (University of Amsterdam), Hugo van Kooten (University of Utrecht), Riemert Tjittes (Vrije Universiteit Amsterdam), Hester Wattendorf Managing Editors: Hugh Beale (University of Warwick), Ludovic Bernardeau (ECJ, ERA), Denis Tallon (University of Paris II), Robert Williams

UNJUSTIFIED ENRICHMENT General Editors: Jack Beatson (University of Cambridge), Eltjo Schrage (University of Amsterdam) Contributors: Floor Gras, Martin Hogg (University of Edinburgh), Barry Nicholas+ (University of Oxford), Martin Schermaier (University of Muenster), David Sellar (University of Edinburgh), Danie Visser (University of Capetown), Mindy Chen-Wishart (University of Oxford)

Casebooks in Preparation

* Task force still under construction.

Civil Procedure C.H. (Remco) Van Rhee (University of Maastricht) - Neil H. Andrews (University of Cambridge), George Applebey (University of Birmingham), Daan Asser (University of Leiden), Bill Burnham (Wayne State University Law School), Loïc Cadiet (Université Panthéon-Sorbonne Paris I), Frédérique Ferrand (University of Lyon), Peter Gottwald (Universität Regensburg), Paul Oberhammer (Martin-Luther-Universität Halle-Wittenberg), Jan Vranken (Tilburg University)

Company Law Harm Jan De Kluiver (University of Amsterdam), Koen Geens (University of Leuven), Brigitte Haar (Max Planck Institut, Hamburg), Ben Pettet (University College London), Levinus Timmerman (University of Groningen), Joeri Vananroye (University of Leuven), Marieke Wyckaert (University of Leuven)

Competition Law * Wouter Devroe (University of Leuven, University of Maastricht)

Consumer Law * Hans-W. Micklitz (University of Bamberg), Jules Stuyck (University of Leuven, University of Nijmegen)


Judicial Review of Administrative Action * Takis Tridimas (University of Southampton), Aalt Willem Heringa (University of Maastricht), Walter van Gerven (University of Leuven, University of Maastricht), Pierre Larouche (University of Tilburg)

Labour Law * Frank Hendrickx (University of Leuven and Tilburg University), Gillian Morris (Brunel University), Marlene Schmidt (University of Frankfurt)

Law and Art * Hildegard Schneider (University of Maastricht), Lucky Belder (University of Utrecht), Katja Lubina (Maastricht University)

Legal Reasoning * Jan Smits (University of Maastricht), René Foqué (University of Leuven and Erasmusuniversiteit Amsterdam), Erik Claes (University of Leuven)

Nationality and Immigration Law and Policy * Hildegard Schneider (Universiteit Maastricht) - Marie-Claire Foblets (University of Leuven), Gerard-René de Groot (Universiteit Maastricht), Eveline van der Linden (Universiteit Maastricht), Dirk Vanheule (University of Antwerp UFSIA)

Medical Law Eric Jeanpierre (Kingston University), Hans-Dieter Lippert (University of Ulm), Herman Nys (University of Leuven, University of Maastricht), Caroline Trouet (University of Leuven), Kay Wheat (The Nottingham Trent University), Peteris Zilgalvis (Council of Europe)

Property Law * Sjef Van Erp (University of Maastricht) - Michael Bridge (UCL, London), Monika Hinteregger (University of Graz), Caroline Lebon (University of Leuven), John Michael Milo (University of Utrecht), Vincent Sagaert (University of Leuven, University of Antwerp), Lars Van Vliet (University of Maastricht)

Public International Law from a European Perspective * Jan Wouters (University of Leuven), Cedric Ryngaert (University of Leuven)


MEETINGS / CONFERENCES

Meetings of the Management Committee or Task Forces Presentations of the Casebook Project at other occasions

Network

LEUVEN, 6-7 JUNE 2003 Company Law.

MAASTRICHT, 30 MAY 2003 Civil Procedure.

LEUVEN, 28 MARCH 2003 Legal Reasoning.

LEUVEN, 12 FEBRUARY 2003 Property Law.

CAMBRIDGE, 19-20 DECEMBER 2002 Unjustified Enrichment.

LEUVEN, 9 NOVEMBER 2002 Medical Law.

LEUVEN, 8 JULY 2002 Management Committee.

STRASBOURG, 27 JUNE 2002 Medical Law.

CAMBRIDGE, 18 JANUARY 2002 Unjustified Enrichment.

LEUVEN, 3 OCTOBER 2001 Management Committee.

Presentations of the Project

BRUSSELS, 23 JUNE 2003 Workshop European Commission on Contract Law / FP6. (D. Droshout)

MAASTRICHT, 24 APIL 2003 Conference on the History of Delay in Civil Procedure: A Lesson for the Future?. (P.

Larouche)

TRIER, 3 APRIL 2003 ERA Conference on European Contract Law. (W. Devroe)

STELLENBOSCH, 13 FEBRUARY 2002 Conference Ius Commune Research School. (D. Droshout)


CONTACT

Katholieke Universiteit Leuven LEUVEN CCLE - Leuven Centre for a Common Law of Europe Collegium Falconis, Tiensestraat 41, 3000 Leuven, Belgium http://www.law.kuleuven.ac.be http://www.law.kuleuven.ac.be/ccle

Universiteit Maastricht METRO - Maastricht European Institute for Transnational Legal Research Mailing address: P.O. Box 616, 6200 MD Maastricht, The Netherlands Visiting address: Lenculenstraat 14, 6211 KR Maastricht http://www.rechten.unimaas.nl http://www.rechten.unimaas.nl/metro

Secretariat Marie-Anne Sarlet Phone + 31 43 388 30 60 (Maastricht) Fax + 31 43 325 90 91 (Maastricht) [email protected]

Project Research Coordinator Dimitri Droshout Phone + 32 16 32 52 19 (Leuven) / + 31 43 388 35 61 (Maastricht) Fax + 32 16 32 53 14 (Leuven) / + 31 43 325 90 91 (Maastricht) [email protected]

Management Committee (chair) Prof. Dr. Pierre Larouche (Universiteit van Tilburg) Phone +31 13 466 82 70 Fax + 31 13 466 80 47 [email protected]

Steering Committee (chair) Prof. Em. Walter van Gerven [email protected]


INSPECTION COPIES

Inspection copies of the Casebooks (not: Tort Law - Scope of Protection) are available to teachers. If you wish to receive such a copy, please contact Hart Publishing. The additional materials complementing Tort Law can be regarded as extensive sample pieces. They are easily accessible through the table of contents of Tort Law.

DOWNLOAD ORDER FORMS

Download a pdf order form at the project website. To place your order, please type your details on the screen, print the form and fax or post.

PUBLISHER

WORLDWIDE Hart Publishing Ltd.

Salter's Boatyard, Folly Bridge Abingdon Road, Oxford, OX1 4LB England, UK Telephone +44 1865 245 533 Fax +44 1865 794 882 E-mail [email protected] Order electronically at www.hartpub.co.uk

BELGIUM / THE NETHERLANDS Intersentia N.V.

Churchilllaan 108 B-2900 Schoten (Antwerp) Belgium Telephone +32 3 680 15 50 Fax +32 3 680 15 58 E-mail [email protected] Order electronically at www.intersentia.be

Published Casebooks


TORT LAW - SCOPE OF PROTECTION

1998, ISBN 1-901362-73-6, Paperback, lv + 494 pp.

Out of print.

Table of contents Task Force Book reviews

Table of Contents

@ Please click the table of contents below to access its sub levels which lead to the original language versions. Sub levels of the table of contents and individual cases can also be accessed via the drop down menus at the right hand side. Preface Section 1 - The approach of tort laws in general Section 2 - Protection against harmful acts and omissions Section 3 - Protection of life, physical integrity, health and freedom Section 4 - Protection of personality rights and privacy Section 5 - Protection of ownership and property rights Section 6 - Protection of economic interests Section 7 - Protection of collective interests Section 8 - Protection against unlawful conduct of public authorities Section 9 - Impact of Supranational and International Law

Task Force

- Professor Walter van Gerven - Mr. Jeremy Lever, QC - Dr. Pierre Larouche - Professor Christian Von Bar - Professor Geneviève Viney

Book Reviews

. Maurice ADAMS, Rechtskundig Weekblad, March 2000, p. 934-935

. N.N., Journal of Consumer Policy, vol. 23, no. 3, 2000, p. 364-365

. Ulrich MAGNUS, Zeitschrift für Europäisches Privatrecht, 4/2000, p. 948-949 . Ole LANDO, Common Market Law Review, December 1999, p. . Pierre LEGRAND, Cambridge Law Journal, vol. 58, part 2, July 1999, p. 439-442 . Christoph U. SCHMID, The Emergence of a Transnational Legal Science in European Private Law, Oxford Journal of Legal Studies, 19/4, winter 1999, p. 673-689 . Martin VRANCKEN, Torts Law Journal, vol. 7, no. 1, March 1999, p. 112-115 . A.-M. C., Revue internationale de droit compare, 4/1998, p. 1208-1209 . R.O. DALCQ, Journal des Tribunaux, 1998, p. 663


TORT LAW

2000, ISBN 1-84113-139-3, Paperback, xcix + 969 pp.

Table of contents Task Force Book reviews Order

Table of Contents

@ Please click the table of contents below to access its sub levels, leading to the original language versions and over 400 pages of additional text materials. All cases mentioned in the Casebook on Tort Law are available in their original language. Sub levels of the table of contents and individual cases can also be accessed via the drop down menus at the right hand side. Preface Chapter 1 - General Topics and General Approach Chapter 2 - Scope of Protection Chapter 3 - Liability for One's Own Conduct Chapter 4 - Causation Chapter 5 - Liability for the Conduct of Others Chapter 6 - Liability not Based on Conduct Chapter 7 - Defences Chapter 8 - Remedies Chapter 9 - Impact of Supranational and International Law Table of cases Table of legislative instruments Table of contents (full version)

Task Force

General editors - Professor Walter van Gerven - Mr. Jeremy Lever, QC - Dr. Pierre Larouche

Contributors - Bart De Temmerman - Ignace Claeys - Professor Jan Wouters - Sofie Covemaeker - Professor Sophie Stijns - Iris Vervoort

Book Reviews

. Lord Goff of Chieveley, International and Comparative Law Quaterly, October 2001, 989-991.

. Bénédicte FAUVARQUE COSSON, Revue Internationale de Droit Comparé, 2-2003, 447-450.

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CONTRACT LAW

2002, ISBN 1-84113-237-3, Paperback, xciv + 993 pp.


Contract Law contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. The Casebook on Contract Law contains the basic texts and contrasting cases as well as extracts from the various international restatements (Vienna Sales Convention, UNIDROIT, Principles of European Contract Law and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team.

Table of Contents

Preface Chapter 1 - Introduction Chapter 2 - Formation Chapter 3 - Validity Chapter 4 - Interpretation and Contents Chapter 5 - Supervening Events in the Life of Contract Chapter 6 - Remedies for Non-Performance Chapter 7 - Third Party Consequences Table of cases Table of legislative instruments Table of contents (full version)

Task Force

General editors - Professor Hugh Beale (University of Warwick) - Professor Hein Kötz (Buccerius Law School) - Professor Arthur Hartkamp (Advocate General, Hoge Raad, The Hague) - Professor Denis Tallon (University of Paris II)

Contributing editors - Chapter 1. Introduction: Professor Denis Tallon - Chapter 2. Formation, Section 1: Offer and acceptance: Hester Wattendorf - Chapter 2. Formation, Section 2: Pre-contractual Good Faith: Professor Martijn Hesselink - Chapter 3. Invalidity, Section 1: Immoral and Illegal Contracts: Professor Hein Kötz - Chapter 3. Invalidity, Section 2: Fraud, mistake and Misrepresentation: Professor Hugh Beale, John Harrington - Chapter 3. Invalidity, Section 3: Threats and abuse of Circumstances: Hugo van Kooten - Chapter 3. Invalidity, Section 4: Unfair Terms: Riemert Tjittes - Chapter 4. Interpretation and Contents: Professor Hein Kötz - Chapter 5. Supervening events: Professor Denis Tallon - Chapter 6. Remedies: Professor Hugh Beale, John Harrington - Chapter 7. Third party consequences: Professor Hein Kötz

Managing Editors - Professor Hugh Beale - Dr. Ludovic Bernardeau - Professor Denis Tallon - Robert Williams


Book Reviews

. Bénédicte FAUVARQUE COSSON, Revue Internationale de Droit Comparé, 2-2003, 447-450.

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UNJUSTIFIED ENRICHMENT

2003, ISBN 1-84113-126-1, Paperback, xlviii + 640 pp.


The casebook on the law of restitution or unjustified enrichment has been published in June 2003. The book contains excerpts from legal doctrine, leading cases and legislation from the main legal traditions within Europe (English, French and German law), the Netherlands and the Scotch as well as the South-African mixed legal system.

Table of Contents

Preface Chapter 1 - Introduction and prefatory overview of the systems considered Chapter 2 - The general approach of the law of unjustified enrichment Chapter 3 - Enrichment Chapter 4 - Impoverishment Chapter 5 - Causal connection Chapter 6 - Absence of justification or cause Chapter 7 - Subsidiarity Chapter 8 - Interest, fault and risk Chapter 9 - Restitution of wrongs Table of cases Table of contents (full version)

Task Force

General editors - Jack Beatson (University of Cambridge) - Eltjo J.H. Schrage (University of Amsterdam)

Contributors England - Jack Beatson (University of Cambridge) - Mindy Chen-Wishart (University of Oxford) France - Barry Nicholas+ (University of Oxford) Germany - Martin Schermaier (University of Muenster) The Netherlands - Eltjo Schrage (University of Amsterdam) - Floor Gras Scotland - Martin Hogg (University of Edinburgh) - David Sellar (University of Edinburgh) South-Africa - Danie Visser (University of Capetown)

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Casebooks in Preparation


CIVIL PROCEDURE

Casebook in preparation (Last update: July 2003)

Table of contents Task Force

The Ius Commune Casebook on Civil Procedure will study the law governing civil procedures throughout Europe. It will concentrate on the history, foundations, underlying principles and basic concepts of civil procedure governing cases lacking cross-border aspects, including the rules on enforcement. The casebook will thus neither focus on topics of private international law, nor on the course of proceedings before the European Court of Justice or the European Court of Human Rights as such. Profound attention will be paid to the divide between civil law and common law jurisdictions, to the current reforms of civil procedure, to the impact of the case law of the European Court of Human Rights as well as to the influence of EU initiatives and the case law of the European Court of Justice. Procedural law governing situations lacking cross-border aspects had to wait until recent years before the profound interest of comparative lawyers aroused. Pioneering work has been executed by Marcel Storme (Unversity of Ghent), who chaired a working group that published a report on the approximation of judiciary law in the EU.

The rules of civil procedure in common law jurisdictions are a native product having resulted from a more or less organic development from medieval times. On the continent, civil procedure is to a large extent a scholarly product based on the romano-canonic procedure as developed by canonists and romanists from the 12th century onwards. Various examples illustrate the differences between the civil and common law approach to procedures, the most striking one being the division of a lawsuit in two stages, pre-trial and trial, a division that is unknown in continental systems. The adversarial character of civil litigation in common law jurisdictions is another example. However, recent developments seem to have closed the gap between civil and common law to a certain extent. On the continent, some legislatures, in an attempt to increase the manageability of civil litigation, have introduced divisions which, at least from a distance, resemble the common law division in pre-trial and trial. The recent English reforms, initiated by Lord Woolf, rendered the English process less adversarial, attributing more powers to the judge.

Approximation seems especially desirable within the framework of the EU, because differences in procedural rules, including rules governing the enforcement stage, may hinder the proper functioning of the internal market. For example differences in the effectiveness and efficiency of enforcement proceedings may well have their effect on the free movement of goods and services. The awareness that some kind of approximation is needed is also evident from Article 65 EC. This Article may form the basis for approximation in the area of procedural law, at least if some rather strict requirements are met. Furthermore, it is well known that, while EC law generally leaves procedural matters to the laws of the Member States (the "national procedural autonomy" principle), it nevertheless subjects these laws to some "filters", namely the principles of equivalency and effectiveness, which may have a harmonizing effect.

Due to the indebtedness of English civil procedure to developments in the US, especially since the 19th century (e.g. the abolition of the distinction between equity and law in the area of civil procedure), US civil procedure will also be taken into consideration, at least to some extent. The casebook on civil procedure hopes to lay the foundation of a truly European approach to the study civil procedure, pointing the direction to further approximation where possible and needed.

Table of Contents

Chapter 1 - Introduction (Remco van Rhee and Bill Burnham) Chapter 2 - Principal Characters (Jan Vranken) Chapter 3 - Hierarchy of Courts and Jurisdiction (Peter Gottwald) Chapter 4 - Commencement of the proceedings including the pre-action stage (Loïc Cadiet and Frédérique Ferrand) Chapter 5 - Case Management (Daan Asser) Chapter 6 - Evidence (Neil Andrews and Daan Asser) Chapter 7 - Judgement (Paul Oberhammer) Chapter 8 - Means of Recourse against Judgments (Peter Gottwald)


Chapter 9 - Costs (Neil Andrews and Bill Burnham) Chapter 10 - Special Procedures before the Courts (George Applebey) / ADR (George Applebey) Chapter 11 - Interim Relief (Loïc Cadiet and Frédérique Ferrand)

Task Force

- C.H. (Remco) Van Rhee (University of Maastricht) - Neil H. Andrews (University of Cambridge) - George Applebey (University of Birmingham) - Daan Asser (University of Leiden) - Bill Burnham (Wayne State University Law School) - Loïc Cadiet (Université Panthéon-Sorbonne Paris I) - Frédérique Ferrand (University of Lyon) - Peter Gottwald (Universität Regensburg) - Paul Oberhammer (Martin-Luther-Universität Halle-Wittenberg) - Jan Vranken (Tilburg University)


Chapter 8 - Conflicts of law Chapter 9 - Group law Chapter 10 - Adjudication and dispute resolution

Task Force

- Harm Jan De Kluiver (University of Amsterdam) - Koen Geens (University of Leuven) - Brigitte Haar (Max Planck Institut, Hamburg) - Ben Pettet (University College London) - Levinus Timmerman (University of Groningen) - Joeri Vananroye (University of Leuven) - Marieke Wyckaert (University of Leuven)


COMPETITION LAW

Casebook in preparation (Last update: September 2003)


Over the last decades, competition law in Europe has evolved considerably to become a significant area of law in all Member States. When the Treaty of Rome entered into force in 1958, three of the then six Member States had no competition laws at all. At present, the EU comprises 15 Member States all of which have national competition laws and an independent enforcement authority. Several Member States have modelled their national competition rules after the EC provisions. The gradual substantive convergence of competition laws in the EU will be further accelerated by the Modernization Regulation (i.e. the new Council regulation implementing Articles 81 and 82 EC Treaty) which will enter into force in May 2004. The decentralized enforcement of EC competition law envisaged by the Modernization Regulation requires the competition authorities in the EU to closely cooperate so as to facilitate the uniform and coherent application of the EC rules and promote a common competition policy throughout the EU. At the same time, the Modernization Regulation does not exclude the application of national competition law to agreements or practices that are subject to the EC competition rules. In such a case, national and EC law can be applied concurrently. There is consequently a growing need to understand the common principles underlying the various (EC and national) competition law systems. It is against this background that the casebook will analyse the existing competition rules in the EU focussing on principles and concepts rather than on mere legal rules. The casebook will not only cover cartels, vertical restraints and dominant position, but also specific rules on public undertakings, special sectors/(de-) regulated industries and merger control. Like the other casebooks in the ius commune series, it will primarily provide case law, in particular cases from France, Germany and the UK, which have longstanding traditions in the development of competition law, and judgments of the ECJ and the CFI. Where appropriate, the casebook will also include other material such as excerpts from distinguished textbooks and commentaries.

Provisional Table of Contents

Chapter 1 - Introduction Historical development of cartel and merger control laws in Europe; Overview of the systems considered Chapter 2 - Prohibition on restraints of competition and abuse of a dominant position Personal scope: concept of undertaking; Prohibition on restrictive agreements, decisions and practices; Abuse of a dominant position; Enforcement; Administrative procedure Chapter 3 - Special sectors Exempted areas and (de-)regulated industries; Relationship between NCA/Commission and national regulatory authority Chapter 4 - Merger Control Substantive issues; Particular questions; Procedural aspects Chapter 5 - State intervention - Article 86 EC Chapter 6 - State Aid Chapter 7 - Jurisdictional issues and relationship between national and supranational law

Task Force

- Wouter Devroe (University of Leuven) - Silke Brammer (University of Leuven)


CONSUMER LAW

Casebook in preparation (Last update: November 2002)


The objective of this casebook, like the other casebooks in the series on the common law of Europe, is to help uncover common roots, notwithstanding differences in approach, of the European legal systems, with a view to strengthening the common legal heritage of Europe, not to strangling its diversity.

This casebook will cover the big legal families in the EU (England, France, Germany) and will contain judgments form the supreme courts of the member states, including judgments from supreme courts of member states belonging to the three families or representing a variant thereof. It will include in particular case law from the Scandinavian countries which have been forerunners in the development of consumer law. In view of the existence of a significant number of harmonisation directives in this field the Consumer Law casebook will concentrate on the harmonised area's (unfair contract terms, distant selling, doorstep selling, product liability, package holiday tours…) and will contain judgments of the ECJ (and annotations thereof) and extracts from EC directives. Furthermore attention will be paid to the way in which, when interpreting EC directives in the consumer field, the ECJ refers to concepts common to the legal systems of the members states and how the courts of the member states incorporate the concepts of the directives (as interpreted by the ECJ) in their legal systems.


Chapter 1 - Introduction: The Consumer and his Rights in the Internal Market Chapter 2 - Trade Practices and Advertising Chapter 3 - Consumer Contract Law Chapter 4 - Financial Services Chapter 5 - Product liability and liability for services Chapter 6 - Remedies

Task Force

- Hans-W. Micklitz (University of Bamberg) - Jules Stuyck (University of Leuven)


JUDICIAL REVIEW OF ADMINISTRATIVE ACTION

Casebook in preparation (Last update: May 2002)



Chapter 1 - Introduction Chapter 2 - Access to justice Chapter 3 - Review for illegality Chapter 4 - Liability Chapter 5 - Remedies

Task Force

- Takis Tridimas (University of Southampton) - Aalt Willem Heringa (University of Maastricht) - Walter van Gerven (University of Leuven, University of Maastricht) - Pierre Larouche (University of Tilburg)


LABOUR LAW

Casebook in preparation (Last update: September 2003)


Labour law is one of the principal branches of legal studies in Europe. It is most commonly identified as a legal discipline governing the employment relationship and industrial relations. Throughout Europe, it developed in its modern form out of the nineteenth century. The field of study is closely linked with national culture, traditions and histories. For this reason, a ius commune casebook on labour law is not only a challenge, but a terrific example of how national differences could be transcended in the search of common roots and principles, which undeniably exist and merely have to be found.

The casebook will cover major themes of labour law, such as the conceptualisation of labour law, its historical development, the sources of labour law, the formation of the employment contract, the identification of the employment relationship, rights and obligations of employer and employee, termination of employment, discrimination, trade union freedom, collective bargaining, works councils, industrial action and settlement of disputes. It will focus on the law of Belgium, France, Germany, the Netherlands and the United Kingdom. The issues will be brought in connection with developments in European Union law and with principles of the law of the International Labour Organisation.


Chapter 1 - Nature of the employment contract Chapter 2 - Formation of the employment contract Chapter 3 - Remuneration and working conditions Chapter 4 - Equality and non-discrimination Chapter 5 - Termination of employment Chapter 6 - Civil liability Chapter 7 - Freedom of association Chapter 8 - Collective bargaining Chapter 9 - Workers’ participation Chapter 10 - Industrial action

Task Force

- Frank Hendrickx (Universities of Leuven and Tilburg) - Gillian Morris (Brunel University) - Marlene Schmidt (University of Frankfurt)


LAW AND ART

Casebook in preparation (Last update: October 2003)



PART I. International and European Aspects Chapter 1 - Cultural Heritage, Cultural Property and Art Law: Concepts and Terms Chapter 2 - The Protection of Cultural Property during the Centuries Chapter 3 - The Protection of Cultural Property by international legal instruments: UNESCO, UNIDROIT, Council of Europe, European Community, Bilateral/multilateral developments, Hague Convention 1954/Protocol 1999, International Court of Criminal Justice Chapter 4 - Art trade in works removed in times of armed conflicts Chapter 5 - Art trade in works removed from territories before their independence Chapter 6 - Art trade in nationalized and expropriated works of art Chapter 7 - Art trade in illegally exported or imported works of art: National regulations on the export and import of cultural objects PART II. Public Law Aspects Chapter 8 - Constitutional Aspects Chapter 9 - Administrative Aspects PART III. Private Law Aspects Chapter 10 - Cultural objects as property: Ownership/possession/holder (possessors servant), position of the finder, Cultural objects as rei extra commercium Chapter 11 - Art trade in stolen works of art: Position of bona fide purchase in a comparative perspective, Limitation provisions in a comparative perspective, The rule of lex rei sitae applied to cultural property cases Chapter 12 - Cultural objects in contract and tort Chapter 13 - Art trade in fakes, wrongfully attributed works of art and works of dubious provenance: Misrepresentation in a comparative perspective, Mistake in a comparative perspective, Warranties, Tort/delict in a comparative perspective PART IV. The Legal Position of Artists, Collectors and Museums Copyright, Moral Rights, Resale Royalties Rights/Droit de suite, Loans, Tax

Task Force

- Hildegard Schneider (Maastricht University) - Lucky Belder (University of Utrecht) - Katja Lubina (Maastricht University)


LEGAL REASONING

Casebook in preparation (Last update: April 2003)


The development towards a common law for Europe raises all sorts of questions that have to do with legal reasoning. On the one hand, it should be discussed to what extent the distinctive modes of legal thinking in the national legal systems stand in the way of reaching a ius commune. On the other hand, the way of legal reasoning by the ECJ and ECHR has its own character and influences the national systems to some extent as well.

This Casebook aims at discussing these questions. This is done by addressing questions of judicial and legislative style, interpretation of statute law, stare decisis and other subjects. The emphasis is on private law, but administrative and penal law are taken into account as well.


No preliminary table available.

Task Force

- Jan Smits (Maastricht University) - René Foqué (University of Leuven and Erasmusuniversiteit Amsterdam) - Erik Claes (University of Leuven)


MEDICAL LAW

Casebook in preparation (Last update: January 2003)


Medical law has developed at a remarkable pace over the past ten to fifteen years. This may be attributable to a number of things, for example: increasing expectations that law will provide answers to questions that in the past were decided by health care professionals; the ethical dilemmas that are more frequently in the public eye than previously; the accelerating advancements in medical treatment, research techniques and medical technologies and the new ethical issues raised by these. Different international perspectives can enrich immeasurably the study of the subject, as different cultural, political and economic issues come into play. There is also considerable potential for reform of the law by the analysis of these different approaches.

The body of medical law is made up of aspects of European Union and European Convention law; various international materials; judge-made law; statutory provisions; and 'soft law' materials from various sources such as national government departments and professional bodies. This book will examine wide-ranging medical law topics in a number of jurisdictions, through extracted materials and academic commentary.


. Ethics, Concepts, Principles

. The Provision of Health Care by the State

. Civil and Professional Liability for Medical Malpractice

. Confidentiality, Privacy and Access to Medical Records

. Consent to Treatment

. Treating Incompetent Patients

. Issues pertinent to the Assisted Reproduction and Abortion

. Medical Research

. The law relating to Biological Materials and Genetics

. Organs, Fluids, Tissue Donation and Transplants

. State Control and Treatment of the Mentally Ill

. End of Life issues such as Euthanasia

Task Force

- Eric Jeanpierre (Kingston University) - Hans-Dieter Lippert (University of Ulm) - Herman Nys (University of Leuven, University of Maastricht) - Caroline Trouet (University of Leuven) - Kay Wheat (The Nottingham Trent University) - Peteris Zilgalvis (Council of Europe)


NATIONALITY AND IMMIGRATION LAW & POLICY between Domestic Reform and Europeanisation

Casebook in preparation (Last update: June 2003)


Intensifying international migration movements confront many societies with major political dilemmas. Immigration policy is one of the most debated and controversial topics today. In Europe, politicians, legislators and societies have to get used to the fact that the majority of the EU Member States have become immigration countries and that most migrants have a different cultural, ethnic and religious background. With this casebook project "Nationality and Immigration Law and Policy: Between Domestic Reform and Europeanisation", the taskforce aims to contribute to the ongoing national and international controversies related to national and European immigration law and to develop a common core in this area of law.

This casebook will concentrate on several aspects of contemporary issues related to nationality (acquisition, loss, naturalisation, dual nationality) as well as different issues of migration law and policies (family unification, entry and residence requirements, illegal immigrants). The first chapters shall concentrate on the concept of citizenship and comparative nationality law. Furthermore, the concept of European citizenship as well as the position of different categories of migrants in the Member States shall be an issue. In this context the position of third country nationals, refugees and asylum seekers shall be looked upon from a comparative perspective. Most EU Member States have recently changed their rules related to immigration and nationality matters. On European level several legislative initiatives have been published since the entering into force of the Amsterdam Treaty in 1999. The casebook will provide for cases, text and materials on immigration and nationality law. The comparative analysis will not only include the immigration and nationality laws of the EU Member States but also make reference to rules and regulations of Australia, Canada and the United States as classical immigration countries. Finally, the casebook aims to contribute to the ongoing discussion regarding integration or assimilation of migrants in the political and legal culture of the host states as well as their position as minority group in a national and European perspective.



Task Force

- Hildegard Schneider (Universiteit Maastricht) - Marie-Claire Foblets (University of Leuven) - Gerard-René de Groot (Universiteit Maastricht) - Eveline van der Linden (Universiteit Maastricht) - Dirk Vanheule (University of Antwerp UFSIA)


PROPERTY LAW

Casebook in preparation (Last update: March 2003)


The influence of European economic integration on private law first became clear in contract and tort law as well as the law of unjustified enrichment. Traditionally, comparative lawyers considered the law of property (immovables, movables and claims) as too complex for harmonisation attempts. In their view property law was very much a product of historical developments and political ideology. The divide between common law and civil law, particularly in the light of the way these two systems developed after the French Revolution, was seen as so deep that no common ground could be found. Two examples can be given to illustrate this: the numerus clausus of absolute rights, a fundamental concept in the civil law, does not exist as such in the common law, whereas fragmentation of ownership (characteristic of the common law) is not accepted in civil law systems.

Economic integration, however, follows its own path: integration of financial markets needs integration of mortgage law; intra-community trade demands that the validity and enforceability of security instruments such as retention of title does not depend on highly abstract rules of private international law.

This development has lead to growing interest by comparative lawyers in the history, foundations, underlying principles and basic concepts of property law and the law of security rights (mortgages, pledges, retention of title etc.). The casebook "Property Law" will examine all these aspects of property law in a systematic and accessible way.



Task Force

- Sjef Van Erp (University of Maastricht) - Michael Bridge (UCL, London) - Monika Hinteregger (University of Graz) - Caroline Lebon (University of Leuven) - John Michael Milo (University of Utrecht) - Vincent Sagaert (University of Leuven, University of Antwerp) - Lars Van Vliet (University of Maastricht)


PUBLIC INTERNATIONAL LAW from a European Perspective

Casebook in preparation (Last update: March 2003)


In an era of ineluctable globalization, public international law gradually moved away from the traditional conception of a law of coexistence between fully sovereign States in the direction of a law governing the cooperation, and even integration, of States. Europe has very distinguished traditions in the field of international law. In the wake of the devastating events of the two World Wars on the European continent, it also embraced a more inclusive cooperative approach with a strong emphasis on multilateral institutions and collective action.

The casebook will provide for cases, text and materials on public international law and, to a lesser extent, the law of international organizations, from a European perspective. As the provisional structure indicates (see below), all basic topics of international law are addressed. The perspective, though, is very European: from the history and theory until topics such as the relationship between international and domestic law, dispute settlement and the law of the sea, cases will be primarily selected from European courts (national courts and the European Court of Justice and European Court of Human Rights) and extensive attention will be paid to the EU's and the European countries' practice in and attitudes towards international law. In doing so, the casebook may sometimes contrast European stances with other approaches, particularly these of the United States, in order to bring together a variety of views on international law as an instrument of world public order.


Chapter 1 - Theory and History of International Law: European Perspectives Chapter 2 - Sources of International Law Treaties, International Custom, General Principles, Ius Cogens, Unilateral Acts, Decisions of International Organizations, Judicial Decisions, Jurisprudence, Equity Chapter 3 - Treaty Law Chapter 4 - The Relation of Municipal and International Law Monism, Dualism Chapter 5 - Subjects of International Law States (Statehood, Self-determination, State Succession, Recognition) International Organizations, Non-governmental Organizations, Corporations, Individuals Chapter 6 - Jurisdiction Territorial, Functional, Extraterritorial Chapter 7 - Immunities State Immunity, Diplomatic/Consular Immunities, Immunities of Government Members, Immunities of International Organizations and Their Agents Chapter 8 - State Responsibility Chapter 9 - Human Rights, Protection of Aliens and Alien Property Chapter 10 - Law of the Sea Territorial Sea, Contiguous Zones, Exclusive Economic Zones, Continental Shelf, High Seas Chapter 11 - Air Law and Space Law Chapter 12 - International Environmental Law Chapter 13 - International Economic Law Chapter 14 - Dispute Settlement Diplomatic Means, Arbitration, International Court of Justice Chapter 15 - Use of Force Unilateral Use of Force, Collective Security Chapter 16 - Law of Armed Conflict

Task Force

- Jan Wouters (University of Leuven) - Cedric Ryngaert (University of Leuven)

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