Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Zeno-Zencovich, Vincenzo --- "E-commerce from a Private Law Perspective" [2009] ELECD 320; in Cafaggi, Fabrizio; Muir Watt, Horatia (eds), "The Regulatory Function of European Private Law" (Edward Elgar Publishing, 2009)

Book Title: The Regulatory Function of European Private Law

Editor(s): Cafaggi, Fabrizio; Muir Watt, Horatia

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201997

Section: Chapter 10

Section Title: E-commerce from a Private Law Perspective

Author(s): Zeno-Zencovich, Vincenzo

Number of pages: 7

Extract:

10. E-commerce from a private law
perspective
Vincenzo Zeno-Zencovich

1. TORTIOUS LIABILITY IN EU LAW
Before considering the role of the tortious provisions in Directive 2000/31, in
the regulatory strategies and governance in European private law,1 one should
point out that tortious liability is only episodically considered in EU law.
A summary survey offers limited and piecemeal results: products liabil-
ity2, environmental damage,3 aviation disasters,4 some limited aspects of
compulsory car insurance,5 liability of public bodies in public procurement
procedures,6 data protection,7 compensation to victims of crime8 and


1 The topic is examined, in a comparative perspective, by C. Rossello,
Commercio elettronico. La governance di Internet tra diritto statuale, autodisciplina,
autodisciplina, soft law e lex mercatoria, Milan, Giuffrè 2006 (especially chapter 1).
2 Council Directive 1985/374/EEC of 25 July 1985 on the approximation of the
laws, regulations and administrative provisions of the Member States concerning liabil-
ity for defective products.
3 Directive 2004/35/CE of the European Parliament and of the Council of 21
April 2004 on environmental liability with regard to the prevention and remedying of
environmental damage (and previously Directives 1975/439 on waste oils, 1975/442 on
waste, 1978/319 on toxic waste).
4 Council Regulation (EC) 2027/97 of 9 October 1997 on air carrier liability in
the event of accidents (now modified by Regulation 889/02 and, for the contractual
provisions, by Regulation 261/04).
5 Third Council Directive 1990/232/EEC of ...