European Union: Litigation, Mediation & Arbitration

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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
LD Munich, August 17, 2026, Decision On Conditional Counterclaims For Revocation And Cost Allocation, UPC_CFI_492/2025, UPC_CFI_1309/2025
A Munich Local Division ruling addresses whether a counterclaim for patent revocation that transitions from unconditional to conditional status—dependent on a finding of infringement—remains subject to unconditional limitation requirements under Rule 263.3 of the Rules of Procedure. The case involves Papst Licensing's infringement action against Roborock entities concerning EP 3 030 943, with implications for procedural strategy in UPC patent disputes.
Germany Litigation
BP
Bardehle Pagenberg
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Article
Cleared For Take-off: How Ryanair’s Paper Trail Grounded An AI-assisted Claim
A recent Workplace Relations Commission decision highlights the risks of relying on AI-generated legal submissions in employment disputes, as an adjudicator dismissed a former Ryanair cabin crew member's claim after finding he failed to engage substantively with evidence. The case demonstrates how well-documented employer defenses can expose the limitations of AI-drafted claims that lack genuine engagement with contractual and evidential details.
Ireland Employment
M
Matheson
Article
LD Paris, August 19, 2026, Infringement Action With Conditional Counterclaim For Revocation, UPC_CFI_301/2025 And UPC_CFI_713/2025
The Paris Local Division of the Unified Patent Court issued a decision on the merits in an infringement action brought by Orange SA against HMD Global Oy concerning European Patent EP 2 345 029. The case involved jurisdictions across France, Germany, and Italy, with the defendant filing a conditional counterclaim for revocation under Article 33(3) of the UPCA and Article 69 of the EPC.
France IP
BP
Bardehle Pagenberg
Article
CoA Luxemburg, August 13, 2026, Central Revocation Action, UPC_CoA_884/2025 (Appeal From UPC_CFI_231/2024)
The Unified Patent Court's Court of Appeal examines critical questions of patent validity, including whether omitting disclosed features constitutes added matter when functional or structural links exist, and how technical effects factor into determining essential features for inventive step analysis. The decision also addresses procedural boundaries for raising new legal arguments on appeal.
France IP
BP
Bardehle Pagenberg
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Article
Protection Of Adults In Situations Of Vulnerability | Part 3: From Guardianship To Personal Autonomy
Malta's 2026 reforms replace the traditional guardianship framework with a modern system of personal autonomy safeguards and support persons. How does this legislative transformation balance the protection of vulnerable adults with respect for individual autonomy, and what mechanisms ensure that support arrangements remain proportionate to each person's circumstances?
Malta Litigation
MT
Mamo TCV Advocates
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
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Article
Death At Work During Work At Height: Liability, Compensation And Protection For Families
Work at height remains one of the most dangerous occupations despite technological advances, with falls from scaffolding, cranes, and platforms continuing to cause fatal workplace accidents. Understanding the complex web of legal liability—from employers to equipment owners—and knowing the compensation rights available to surviving families becomes crucial when tragedy strikes on construction sites and elevated workspaces.
Italy Employment
BI
Boccadutri International Law Firm
Article
Substance Over Form: A Warning Letter Does Not Constitute A “proceeding” In Cases Of Dismissal For Delay
The High Court's recent judgment in O'Shaughnessy v Health Service Executive provides crucial guidance on when medical negligence proceedings may be dismissed for want of prosecution, particularly examining the significance of warning letters and the four-year inactivity threshold. Building on the Supreme Court's reformulated principles in Kirwan v Connors, the decision clarifies what procedural steps genuinely interrupt periods of delay and when the burden shifts to plaintiffs to justify continuation of st
Ireland Litigation
RL
RDJ LLP
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Article
Death At Work During Work At Height: Liability, Compensation And Protection For Families
Work at height remains one of the most dangerous occupations despite technological advances, with falls from scaffolding, cranes, and platforms continuing to cause fatal workplace accidents. Understanding the complex web of legal liability—from employers to equipment owners—and knowing the compensation rights available to surviving families becomes crucial when tragedy strikes on construction sites and elevated workspaces.
Italy Employment
BI
Boccadutri International Law Firm
Article
UPC Confirms Admissibility Of Request To Increase Security For Costs
A Paris division of the Unified Patent Court granted a moderate €100,000 top-up to security for legal costs in a patent infringement case, balancing the defendant's increased defense expenses against the claimant's fundamental right to access justice. The court rejected demands for a much larger security increase, finding that the claimant's status as a micro-enterprise required careful consideration of proportionality principles under EU law.
France IP
MC
Marks & Clerk
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