European Union: Contracts and Commercial Law

Two recent European court cases—Getty Images vs Stability AI and Gema vs OpenAI—have delivered contrasting rulings on generative AI and copyright infringement, with significant implications for how businesses assess legal risks when using AI models. While one court found no infringement in AI training processes, the other ruled that memorized copyrighted content in model outputs constitutes unlawful reproduction, highlighting the urgent need for Danish companies to clarify their AI roles and imp

De Ondernemingsrechtbank Antwerpen bevestigt dat arbitragebedingen in internationale franchiseovereenkomsten ook geschillen over de Belgische Wet Precontractuele Informatie kunnen omvatten. Deze uitspraak volgt de lijn van het Hof van Cassatie en markeert een belangrijke verschuiving in hoe Belgische beschermingswetten worden toegepast in een internationale context.

The European travel market has undergone a dramatic transformation as digital platforms and AI-powered booking tools reshape how consumers purchase holidays. As travellers increasingly assemble their own trips...

The now-withdrawn proposal to sell 20% of the World Cup’s commercial rights to private investors has reopened a structural question: can a single body be both the governing body and the organizer of the competition?

A Belgian court has ruled that arbitration clauses in international franchise agreements can override local franchisee protections, even when disputes involve Belgium's Pre-Contractual Information Act. This landmark decision extends earlier Supreme Court precedent and fundamentally shifts how protective legislation interacts with contractual dispute resolution mechanisms in cross-border franchise relationships.

On 3 September 2026, the European Commission adopted new Guidelines on the application of Article 102 TFEU to abusive exclusionary conduct by dominant undertakings. The Guidelines follow a public consultation on a draft published in August 2024 and reflect substantial stakeholder feedback.

When a patent owner grants an exclusive license, does it automatically lose the right to sue infringers? The Federal Circuit addressed this critical question in two parallel cases, examining what retained rights are necessary to preserve constitutional standing. The court's analysis reveals how specific contractual provisions—including sublicense approval authority, royalty rights, and enforcement participation—can determine whether a patent owner maintains a meaningful legal stake in its patent

The Irish High Court has ruled for the first time that it has inherent jurisdiction to order parties in non-personal injury civil disputes to engage in mediation, even against their wishes. This landmark decision examines whether mandatory mediation breaches constitutional rights of access to courts, what factors courts should consider when exercising this discretion, and how this power aligns with Ireland's Mediation Act 2017 framework that emphasizes voluntary participation.

As Polish court proceedings grow longer, businesses increasingly rely on arbitration clauses for faster dispute resolution. However, poorly drafted clauses can backfire, leading to extended timelines and higher costs. This analysis explores two critical drafting mistakes that can undermine arbitration effectiveness.