Veröffentlicht seit 1. Januar 1998

Journal of European Tort Law

ISSN: 1868-9620

Editor-in-Chief: Ken Oliphant

Herausgegeben von: Ernst Karner, Bernhard A. Koch, Christiane Wendehorst

Über diese Zeitschrift

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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Zusatzmaterial

Fachgebiete

Band 14 Heft 2

September 2023

Frontmatter

Öffentlich zugänglich 26. August 2023

Frontmatter

Seiten: I-IV

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Open Access 26. August 2023

Uniform Prospectus Liability Rules for Europe

Danny Busch, Matthias Lehmann

Seiten: 113-123

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Abstract

In this contribution, we make the case for the introduction of uniform rules on liability for incorrect or incomplete prospectuses relating to financial instruments offered in the European Union (EU). We set out the reasons for such uniformisation, in particular the need to complete the Capital Markets Union, the insoluble conflict-of-laws problems created by prospectus liability, and the discriminatory treatment of investors resulting from the application of different national laws to the issue. We show that uniform rules are possible, drawing a parallel to the recently adopted Markets in Crypto-Assets Regulation (MiCAR) and other EU texts. We also demonstrate that the EU has the competence to adopt such rules, and that concerns about subsidiarity and proportionality are unfounded.

26. August 2023

US Prospectus Liability – An Overview and Critique

Marc I Steinberg

Seiten: 124-155

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Abstract

This article addresses prospectus liability in the United States. The key statutes and Securities and Exchange Commission (SEC) rules and regulations are examined in conjunction with analysis of the causes of action and defenses that are applicable. While the US prospectus framework is thorough, substantial gaps exist that should be remedied. The article accordingly focuses on principal aspects of US prospectus liability exposure and proffers recommendations for improving the overall framework.

26. August 2023

Prospectus Liability in Europe: The Relevant Breach of Duties

Paola Lucantoni

Seiten: 156-188

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Abstract

This article focuses on the relevant breach of duties under art 11 of the Prospectus Regulation (EU) 1129/2017, which provides only few elements of the private enforcement model, leaving the specific choices of the civil liability regime to the Member States. The main purpose of this paper is to underline the contradiction that exists between (i) a rigid formalism in the Prospectus Regulation and the extensive administrative rulebook and related soft law, which imposes binding formats and contents of prospectuses in order to enhance maximum harmonised investor protection and reduce issuers’ costs in Europe, and (ii) the existing different prospectus liability regimes among the European Member States, which undermine the effectiveness of Union law on prospectuses. In order to highlight this contradiction, the contribution analyses the different legal bases of prospectus liability provided in a sample of Member States, focusing on the different (and sometimes conflicting) methods of defining, from the defendant’s side, the persons responsible and liable for the incompleteness or the incorrectness of the prospectus, and, from the plaintiff’s side, the persons who can sue for damages. In this scenario, the Court of Justice of the European Union (CJEU) has recently brought some clarity as regards the potential scope of prospectus liability claims, thus revealing how important it is to solve the above-mentioned contradiction soon.

Open Access 26. August 2023

Prospectus Liability and Causation

Arnoud CW Pijls

Seiten: 189-205

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Abstract

When establishing causation for claims involving prospectus liability, it is the factual basis of the claim and the corresponding line of argumentation that determines the perspective that should be taken as a starting point. There are basically two factual bases that can be distinguished. For the first factual basis of causation, the reliance of the investor on the prospectus is irrelevant. For the second factual basis, reliance is, however, relevant. In its World Online decision, the Dutch Supreme Court adopted a presumption of reliance for both factual bases of causation. This presumption of reliance is based on art 11(2) of the Prospectus Regulation. In my opinion, this provision does not provide a convincing basis for the adoption of such a presumption. Article 11a(1) of the Unfair Commercial Practices (UCP) Directive provides a much more convincing basis.

Book Review

26. August 2023

Laura Vitale, La perte de chances en droit privé (LGDJ, Paris 2020, Bibliothèque de droit privé). xv + 581 pp. ISBN: 978-2-275-07302-6. € 62 (paperback).

Adeline Jeauneau

Seiten: 206-210

Band 14 (2023)

Band 13 (2022)

Band 12 (2021)

Band 11 (2020)

Band 10 (2019)

Band 9 (2018)

Band 8 (2017)

Band 7 (2016)

Band 6 (2015)

Band 5 (2014)

Band 4 (2013)

Band 3 (2012)

Band 2 (2011)

Band 1 (2010)

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Einreichen

The Journal of European Tort Law (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 here.

Editorial

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

Editorial Advisory Board
Helmut Koziol, University of Vienna, Austria (Honorary Editor in Chief)
Mauro Bussani, University of Trieste, Italy
Willem van Boom, Radboud University Nijmegen, Netherlands
Michael D Green, Wake Forest School of Law, Winston-Salem, NC, USA
Miquel Martín Casals, University of Girona, Spain
Luboš Tichý, Charles University, Prague, Czech Republic
Vibe Garf Ulfbeck, University of Copenhagen, Denmark
Gerhard Wagner, Humboldt University, Berlin, Germany
Keizo Yamamoto, Kyoto University, Japan

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

(English)

Online ISSN: 1868-9620
Print ISSN: 1868-9612
Typ: Zeitschrift
Sprache: Englisch
Verlag: De Gruyter
Erstveröffentlichung: 1. Januar 1998
Erscheinungsweise: 3 Hefte pro Jahr