What Changed
- Publication of ZEuP Issue 4/2026 summarizing key developments in European private law and legal unification.
- Analysis of CJEU judgment Wunner [C-77/24] regarding tort qualification and place of damage in illegal online gambling under Rome II.
- Examination of Article 82 GDPR data protection liability and capital movement protection for third-country companies in cross-border divisions.
Background
Issue 4 of 2026 of the legal journal ZEuP – Zeitschrift für Europäisches Privatrecht is now available. The publication includes scholarly contributions addressing European Union private law, comparative law, legal history, legal unification, private international law, and individual European private law regimes. The issue presents analytical overviews of judicial rulings, statutory interpretations, historical legal developments, and contemporary challenges facing legal practice within the European Union and cross-border contexts.
Overview of Contributions
The journal issue highlights several scholarly analyses and case notes covering key aspects of EU law and private international law:
1. CJEU Private-Law Jurisprudence (2025)
In their annual overview, "Unionsrecht und Privatrecht: Zur Rechtsprechung des EuGH im Jahre 2025", Christian Kohler, Marlene Brosch, and Roland Klages review rulings delivered by the Court of Justice of the European Union (CJEU) throughout 2025. The overview highlights decisions concerning the practical effects of Union citizenship, General Data Protection Regulation (GDPR) enforcement mechanisms, effective consumer protection measures, and Member States' procedural autonomy. Additionally, the authors examine CJEU jurisprudence covering non-discrimination, market freedoms, air passenger rights, trade mark protection, and copyright law.
2. Cross-Border Online Gambling and Rome II
Nina Benz contributes a case note titled "Glück im Unglück: Deliktische Qualifikation und Erfolgsort bei illegalen Online-Glücksspielen nach „Wunner“". This contribution analyzes the CJEU judgment in Wunner (Case C-77/24), which addresses cross-border claims regarding financial losses resulting from illegal online gambling. The note examines the Court’s legal reasoning regarding whether such tortious claims fall within the scope of the Rome II Regulation, as well as where the legal damage is determined to occur.
3. Cross-Border Divisions and Capital Movement
In "Die grenzüberschreitende Spaltung als Ausübungsform der Kapitalverkehrsfreiheit?", Jan Opitz-Seitz focuses on an area of law that has received limited academic attention: the free movement of capital within the context of cross-border corporate divisions. The article examines which division-related capital movements qualify for protection under this freedom and evaluates whether it provides third-country companies with protection comparable to the freedom of establishment.
4. Data Protection Liability Under EU Law
Andreas Spickhoff revisits civil liability for data protection infringements in "Die unionsrechtliche Haftung wegen Verstoßes gegen den Datenschutz – ein Update". The publication examines legal questions raised by Article 82 of the GDPR and situates the provision within national, European, and international liability law frameworks.
5. Legal History and Legal Education
Brandon Clydesdale marks the 250th anniversary of David Hume's death (1711–1776) with "David Hume (1711–1776): Anatomist of Law". The article reappraises law's role in Hume's life by evaluating his perspective on natural law, civil law, and common law, highlighting his contribution to the science of legislation in eighteenth-century Scotland.
Additionally, Birke Häcker provides an editorial titled "Legal Education for the Twenty-First Century". The piece investigates the challenges of legal training for the present and future, focusing on building professional resilience in response to geopolitical developments, addressing rapid technological advances in artificial intelligence (AI), and preparing students to navigate an increasingly interconnected legal world.
Practical Implications
For legal professionals, corporate entities, and academics dealing with EU cross-border issues, the articles in ZEuP Issue 4/2026 offer key insights into legal interpretation and regulatory compliance:
- Data Protection Compliance: Analysis of Article 82 GDPR liability provides context for entities managing cross-border data processing and facing liability claims under national and European law frameworks.
- Cross-Border Litigation: The discussion of CJEU case C-77/24 (Wunner) clarifies jurisdictional issues under the Rome II Regulation for tort claims involving cross-border digital services and monetary losses.
- Corporate Restructuring: Companies engaging in cross-border corporate divisions—particularly those involving third-country entities—can examine how free movement of capital protections apply relative to freedom of establishment rules.
Because these analyses involve judicial interpretations of EU regulations, market freedoms, and civil liability rules, formal legal review is recommended when applying these principles to specific commercial transactions or litigation.
Frequently Asked Questions
Question 1: What topics are covered in the 2025 CJEU private-law overview by Kohler, Brosch, and Klages?
Answer: The overview covers CJEU rulings on Union citizenship effects, GDPR enforcement, consumer protection, Member States' procedural autonomy, non-discrimination, market freedoms, air passenger rights, trade mark law, and copyright law.
Question 2: What is the primary focus of Nina Benz's case note on the Wunner judgment?
Answer: The note examines the CJEU judgment in Wunner (Case C-77/24) regarding cross-border claims for losses from illegal online gambling, analyzing whether such claims fall under the Rome II Regulation and where the damage occurs.
Question 3: Does the free movement of capital protect third-country companies in cross-border divisions?
Answer: Jan Opitz-Seitz's article examines which division-related capital movements qualify under the free movement of capital and whether this freedom offers third-country companies protection comparable to the freedom of establishment.
Question 4: What specific statutory provision does Andreas Spickhoff address regarding data protection liability?
Answer: Andreas Spickhoff addresses Article 82 of the GDPR, contextualizing its legal questions within national, European, and international liability law.
Question 5: What primary challenges in legal education are outlined in Birke Häcker's editorial?
Answer: The editorial addresses creating resilience against geopolitical developments, managing rapid technological advances in AI, and equipping legal students to navigate an interconnected legal environment.
Who May Be Affected
Legal practitioners, cross-border businesses, data protection officers, corporate restructuring specialists, legal educators, and law students.
Cross-Border Context
Covers EU-wide private law, cross-border tort litigation under Rome II, cross-border corporate divisions, and international liability law interactions.
What to check next
- Access the full table of contents at https://rsw.beck.de/zeitschriften/zeup
- Review the CJEU judgment in Wunner [C-77/24] for specific legal holdings under Rome II.
- Consult Article 82 of the GDPR alongside Spickhoff's analysis for data protection liability compliance.
This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.