Published since January 1, 1998

Journal of European Tort Law

ISSN: 1868-9620

Editor-in-chief: Ken Oliphant

Edited by: Ernst Karner, Bernhard A. Koch, Christiane Wendehorst

About this journal

The Journal of European Tort Law (JETL) is the first law review to be dedicated to this important and dynamic area of European private law. It aims to contribute to the analysis and development of tort law in Europe by the publication of scholarly articles, comments and reviews. It has a primarily comparative focus, but willingly embraces all scholarly perspectives, including economic analysis of law and legal sociology. Its subject matter extends beyond substantive tort law to the wider tort system, including private and social insurance.

JETL is the journal of the European Centre of Tort and Insurance Law (ECTIL) and the Institute for European Tort Law of the Austrian Academy of Sciences. Both are amongst the most prestigious institutions in the field of comparative Tort Law worldwide.

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Supplementary Materials

Topics

Volume 13 Issue 2

September 2022

Frontmatter

Publicly Available August 5, 2022

Frontmatter

Page range: I-IV

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Articles

August 5, 2022

Liability for Competition Restrictions: EU Law Developments

Katri Havu

Page range: 103-131

Abstract

This article concerns recent developments in the field of liability claims for infringements of EU competition law. After overviewing topical matters, this contribution focuses on the Court of Justice of the European Union (CJEU) and the continuing relevance of its case law to several basic questions that arise in damages cases. The evolving interpretation of primary law, and what is required to ensure its full effectiveness, still occupies a central position in the private enforcement of EU competition law. Moreover, principles such as effectiveness and equivalence constrain the discretion of Member States to lay out and apply supplementary remedial and procedural rules. The foregoing implies that, despite the apparent legislative harmonisation of damages claims in the EU, litigants and national courts should follow developments in the case law.

Open Access August 5, 2022

The Compensation of Non-Pecuniary Loss in GDPR Infringement Cases

Jonas Knetsch

Page range: 132-153

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Abstract

According to art 82(1) of the General Data Protection Regulation (GDPR), ‘any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered’. This provision is at the core of the private enforcement of data protection rights; its interpretation could thus have major implications for business, administration and other organisations. Despite its potential for mass litigation, the case law under art 82(1) GDPR is limited and, five years after the Regulation entered into force, several questions remain still unanswered. This paper gives an overview of the most significant issues relating to the right of data subjects to the compensation of non-pecuniary loss, pending five significant CJEU judgments, which are expected to be delivered in 2023.

Open Access August 5, 2022

Comparing Private Enforcement of EU Competition and Data Protection Law

Wolfgang Wurmnest, Merlin Gömann

Page range: 154-182

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Abstract

Compared to art 82(1) of the General Data Protection Regulation (GDPR), which since 2018 grants data subjects a claim for damages resulting from the infringement of European data protection law, private enforcement of European competition law looks back on a much longer history. Thus, its concepts and learnings may serve as a model for data protection law. However, any potential transfer from one area to the other must be carefully weighed, as both the factual circumstances and the underlying regulatory framework differ. Against this background, this paper aims at identifying important similarities and differences between the private enforcement of European competition and data protection law. Amongst others, it reaches the conclusion that both fields of law – although for different reasons – share a comparably high level of Europeanisation and that the primary aims of private enforcement generally align. In addition, potential for spill-over effects from the area of competition to data protection law is identified, namely with regard to causation and the European concept of undertaking.

August 5, 2022

Contribution to the Discussion

H Koziol

Page range: 183-187

Book Review

August 5, 2022

I Gilead and B Askeland (eds), Prescription in Tort Law: Analytical and Comparative Perspectives (Intersentia, Cambridge 2020). xii + 748 pp. ISBN 978-1-787068-963–0. € 155 (paperback).

Andrew Tettenborn

Page range: 188-190

Volume 13 (2022)

Volume 12 (2021)

Volume 11 (2020)

Volume 10 (2019)

Volume 9 (2018)

Volume 8 (2017)

Volume 7 (2016)

Volume 6 (2015)

Volume 5 (2014)

Volume 4 (2013)

Volume 3 (2012)

Volume 2 (2011)

Volume 1 (2010)

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The JETL is the official journal of the European Centre of Tort and Insurance Law (ECTIL) and the Institute for European Tort Law (ETL) of the Austrian Academy of Sciences. It aims to contribute to the analysis and development of tort law in Europe by the publication of scholarly articles, comments and reviews. Its focus is primarily comparative, but analyses of the tort law of a single legal system may be considered for publication if the subject matter is of sufficient interest to the Journal’s general readership. Comparative analyses of non-European systems from the perspective of European tort law may also be considered for publication. Submissions are encouraged from all scholarly perspectives, including economic analysis of law and socio-legal studies, and may relate to either substantive tort law, including its place in the general law of obligations, or the wider tort system, including its practical operation and its relationship with such institutions as private and social insurance.

The JETL is published three times a year. Each issue consists of approximately 120 pages. Articles are usually 10,000—12,000 words in length (including footnotes). Shorter comments on cases and legislation and book reviews are published from time to time.

All contributions to the JETL must be approved by the Editorial Board following a formal process of double blind peer review. Submissions should be sent as an email attachment to the Editor in Chief at the following email address: ken.oliphant@bristol.ac.uk
Authors are asked to comply with the JETL Style Guidelines, which they can downloaded here.

All submissions to the JETL should be in English of the quality expected in a scholarly English-language journal. The journal does not have the resources to translate submissions written in other languages or to undertake substantial linguistic corrections.

Hybrid Open Access

In this journal, authors have the option to publish their article under an open access license. Open Access allows you as an author to retain copyright and share your findings with colleagues and interested parties worldwide without any restraints.
Please note that authors from institutions with which we have a transformative agreement can publish open access without paying an article processing charge (APC). More information on the eligible institutions and articles can be found under the "Funding and Support" tab here.

Editorial

Editorial Board
Ken Oliphant, Vienna and Bristol (General Editor)
Ernst Karner, Vienna
Bernhard A Koch, Innsbruck (Deputy General Editor)
Christiane Wendehorst, Vienna

Editorial Advisory Board
Helmut Koziol, Vienna (Honorary Editor in Chief)
Mauro Bussani, Trieste
Willem van Boom, Rotterdam
Suzanne Galand-Carval, Le Havre
Michael D Green, Wake Forest
Miquel Martín Casals, Girona
Luboš Tichý, Prague
Vibe Ulfbeck, Copenhagen
Gerhard Wagner, Berlin
Keizo Yamamoto, Kyoto

Editorial Assistants
Kathrin Karner-Strobach (copy editing)
Colm McGrath (book reviews)
Emma Witbooi (Assistant Managing Editor)

European Centre of Tort and Insurance Law
Reichsratsstrasse 17/2,
1010 Vienna, Austria.
Phone: +43 1 4277 29650
Website: www.ectil.org.

Institute for European Tort Law (Institut für Europäisches Schadenersatzrecht)
Austrian Academy of Sciences
Reichsratsstrasse 17/2
1010 Vienna, Austria
Phone: +43 1 4277 29650
Website: www.etl.oeaw.ac.at

(Deutsch)

Online ISSN: 1868-9620
Print ISSN: 1868-9612
Type: Journal
Language: English
Publisher: De Gruyter
First published: January 1, 1998
Publication Frequency: 3 Issues per Year