European Union: Civil Law

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Final Adoption Of Book 7 Of The Belgian Civil Code And What This Means For Construction Contracts
Belgium's House of Representatives has definitively approved Book 7 of the Civil Code, introducing significant reforms to construction contract legislation that will enter into force in September 2027. The final legislation includes several important refinements to the February 2025 proposal, including changes to pre-existing circumstances tests, conformity defect notification rules, and limitation periods. Businesses concluding construction contracts must carefully review and revise their existing contract
Belgium Real Estate
CM
Crowell & Moring LLP
Article
Direct Claims For Damages In Partnerships
When a partnership suffers loss due to a partner's breach of duty, does the claim belong to the partnership or to the individual partners? This article explores the critical distinction between collective and personal loss in Greek partnership law, examining when wronged partners may pursue direct claims for damages. It analyzes the intersection of contractual obligations, tortious conduct, and the separate legal personality of partnerships under the Greek Civil Code.
Greece Commercial
PK
Psarakis & Kefalas Law Firm
Article
The Limitation Period As An Insurmountable Barrier In The Private Enforcement Of Unfair Competition Law With Public Implications
The Supreme Court has issued a landmark judgment clarifying the legal framework for damages claims arising from unfair competition acts affecting public interest. This ruling definitively establishes that such acts fall outside the scope of strict antitrust violations and are therefore not subject to the Damages Directive or the extended five-year limitation period. The decision provides crucial guidance on the distinction between competition law violations and unfair competition practices under Spanish law
Spain Anti-trust
Gómez-Acebo & Pombo
Article
La interrupción de la prescripción por el ejercicio de la acción ante los tribunales
El Tribunal Supremo examina si una demanda presentada ante un órgano judicial incompetente territorialmente interrumpe la prescripción cuando no llega a admitirse ni notificarse al demandado, especialmente cuando posteriormente se plantea nueva demanda ante el órgano competente una vez transcurrido el plazo. La sentencia analiza la jurisprudencia sobre los requisitos necesarios para que el ejercicio de la acción judicial produzca efectos interruptivos, centrándose en la comunicaci&#
Spain Litigation
Gómez-Acebo & Pombo
Article
Legal Letter, Judicial Letter Or Article 166A Letter? Understanding The Difference
Maltese legal practice employs three distinct instruments—legal letters, judicial letters, and sworn judicial letters under Article 166A—each serving different purposes and producing different legal effects. Understanding when to use each instrument requires careful assessment of the claim's nature, value, and whether formal court proceedings or executive enforcement is necessary. The choice between these tools can determine whether a creditor obtains an executive title without litigation or mus
Malta Litigation
FF
FFF Legal
Article
The ‘actio Surrogatoria’ In Maltese Law: Rights, Remedies And Procedural Requirements
The actio surrogatoria, codified in Article 1143 of Malta's Civil Code, allows creditors to exercise rights belonging to their debtors when those debtors fail to act. A recent Court of Magistrates judgment examines the essential elements required for this action, including whether the principal debtor must be joined as a party to proceedings, and establishes six key requirements that creditors must satisfy to successfully pursue claims on behalf of their debtors.
Malta Litigation
GA
Ganado Advocates
Article
Schadeplicht voor de verhuurder die de woning, na beëindiging wegens dringend eigen gebruik, niet zelf in gebruik neemt
Dutch landlords face significant financial liability when terminating rental agreements based on urgent personal use if they fail to actually occupy the property. This article examines the legal framework governing such terminations, the three cumulative conditions courts apply, and recent case law demonstrating how damages can reach tens of thousands of euros when landlords don't follow through on their stated intentions.
Netherlands Real Estate
B
Buren
Article
The SLAPP Bill 2026 – New Procedural Safeguards For Defendants
Ireland's new Strategic Lawsuits Against Public Participation Bill 2026 introduces comprehensive protections against abusive litigation designed to silence journalists, activists, and citizens exercising their right to public participation. The legislation empowers courts to swiftly dismiss meritless claims, impose costs and damages on plaintiffs, and provides mechanisms to address cross-border SLAPP proceedings.
Ireland Litigation
M
Matheson
Article
Retaking Commercial Property – Owners Entitled To Exercise A Degree Of Force
The Irish High Court has clarified the extent to which commercial property owners can use force to regain possession of their premises. In a case involving a warehouse sale following loan default and receivership, the court examined whether breaking glass and cutting through steel shutters constituted lawful recovery of property. The decision provides important guidance on the boundaries between legitimate property recovery and unlawful forcible entry.
Ireland Real Estate
M
Matheson
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