Contractual liability of classification societies in Belgium : dune case

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Merging self-driving cars with the law

Self-driving cars are gradually being introduced in the United States and in several Member States of the European Union. Policymakers will thus have to make important choices regarding the application of the law. One important aspect relates to the question who should be held liable for the damage caused by such vehicles. Arguably, product liability schemes will gain importance considering that the driver's fault as a cause of damage will become less likely with the increase of autonomous systems. The application of existing product liability legislation, however, is not always straightforward. Without a proper and effective liability framework, other legal or policy initiatives concerning technical and safety matters related to self-driving cars might be in vain. The article illustrates this conclusion by analysing the limitation periods for filing a claim included in the European Union Product Liability Directive, which are inherently incompatible with the concept of autonomous vehicles. On a micro-level, we argue that every aspect of the Directive should be carefully considered in the light of the autonomisation of our society. On the macro-level, we believe that ongoing technological evolutions might be the perfect moment to bring the European Union closer to its citizens. (C) 2018 Jan De Bruyne and Jarich Werbrouck. Published by Elsevier Ltd. All rights reserved

Liability in the medical sector : the ‘breast-taking’ consequences of the poly implant prothese case

The article deals with the liability of third-party certifiers in the medical sector and especially focuses on the role of TuV Rheinland in the recent Poly Implant Prothese (PIP) breast implant case. The aim of the contribution is twofold. Firstly, it provides an overview of the different challenges that courts face when having to decide on the liability of certifiers of medical devices towards third parties. These, for instance, relate to the strict conditions under which certifiers can incur third-party liability under national law. Whether product certifiers can be held liable depends on the jurisdiction where the claims have been filed. Therefore, the PIP breast implant case is also interesting from a private international law perspective. Third-party certifiers can be sued before the courts of their domicile. Whether they can be brought before courts in other Member States depends inter alia on the interpretation of the place of the damaging event and the place of the damage. The difficulty to pinpoint these locations not only emerges in the field of jurisdiction but also manifests itself within the search for the applicable law as identical connecting factors are employed in that area of private international law. Secondly, the article examines the decisions that have been issued by national courts in the PIP breast implant case. Rulings in France and Germany denied compensation for patients who purchased the defective breast implants. The PIP case is currently pending before the European Court of Justice (ECJ). It thus remains to be seen what stance the ECJ will take and especially what the consequences might be for certifiers in the medical sector. Based on the analysis of these decisions, the contribution puts forth a number of reasons why the threat of liability seems the most effective way to guarantee that third-party certifiers issue accurate and reliable certificates. This in turn ensures that only safe medical devices are placed on the European market and safeguards the health of consumers. Future scandals with medical devices might in this way be prevented

EU member states’ Courts versus U.S.punitive damages awards for physical harm in football : an attempt at defining best practice

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The rise of self-driving cars : is the private international law framework for non-contractual obligations posing a bump in the road?

This article focusses on some implications related to the commercialisation of self-driving or autonomous cars. Such vehicles are no longer a mere futuristic idea. They could soon be available on the market. Society in general and the applicable rules in particular will undergo a transformation following the introduction of autonomous vehicles. Despite the many benefits, self-driving cars also pose several challenges. These do not only relate to technical aspects but also to the influence of the autonomisation of traffic on infrastructure and employment in different sectors. More importantly, several legal challenges will need to be addressed as well before society will be able to fully enjoy the benefits of self-driving cars. The question as to who should be held liable for damage caused by self-driving car has already been addressed in academia. Less attention has been devoted to the relationship between autonomous vehicles and the existing private international law rules in the European Union. Although the application of the current jurisdictional and conflict of laws rules does not present problems, the membership of some EU Member States of the 1971 Hague Traffic Accidents Convention and/or the 1973 Hague Products Liability Convention impedes the harmonisation of conflict of laws rules in non-contractual matters as envisaged by the Rome II Regulation. In cases concerning liability arising from traffic accidents and in product liability cases, different Member States courts sometimes apply a different national law. This reduces foreseeability and legal certainty

Management of hypertension in children and adolescents

Hypertension has been recognized as an important health issue in the pediatric population over the past years. This emphasizes the need for an organized and effective plan for diagnosis and management. This review provides information to guide physicians through a structured approach to (1) screen children for hypertension during routine visits; (2) use normative blood pressure tables for diagnosis and classification; (3) perform a clinical evaluation to identify the presence of risk factors, comorbidities and/or target organ damage; and (4) initiate an individualized plan of care that includes follow-up blood pressure measurement, therapeutic lifestyle changes and - if necessary - pharmacological therapies

The SAFE-PEDRUG project : an opportunity for academia to close the gap

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Taxes and location decisions of firms.

In traditional tax literature it is argued that (further) integration among countrieswill inevitably lead to a race to the bottom of corporate tax rates. In order toattract firms, countries are assumed to lower their tax rates below the ones of their’competitors’. According to the New Economic Geography literature this howeverdoes not necessarily need to be the case. It is argued that more agglomerated regionsbenefit from what is called agglomeration rents and that these rents can be taxed.As integration moves on, one might expect the tax difference between more and lessagglomerated regions to increase instead of fading out. The purpose of this paper isto test this theory for Belgian firms.