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EU modernises consumer dispute resolution: An overview of the new ADR Directive
By Alexia Kaztaridou (Linklaters)
On 25 September 2025, the Internal Market and Consumer Protection Committee (IMCO) of the European Parliament approved the text of the political agreement on the Alternative Disputes Resolution for Consumer Disputes Directive. This Directive establishes a framework for resolving through ADR procedures contractual domestic and cross-border consumer disputes arising from the sale of goods or provision of services between consumers and traders within an EU context. The amendments to the prior Directive aim to modernise the existing framework in light of new consumer trends, such as the growth of e-commerce, and bring significant changes across several areas, enhancing the protection for consumers and clarifying obligations for traders and ADR entities. The Directive maintains its minimum harmonisation approach, allowing Member States to provide for stronger consumer protection. Read more
US Supreme Court: Judgment in Smith & Wesson Brands, Inc. et al. v. Estados Unidos Mexicanos (Mexico) – A few takeaways
Written by Mayela Celis, Maastricht University
In June 2025, the US Supreme Court delivered its opinion in Smith & Wesson Brands, Inc. et al. v. Estados Unidos Mexicanos (Mexico) 605 U.S. 280 (2025). The Opinion is available here. We have previously reported on this case here, here and here (on the hearing).
As previously indicated, this is a much-politicized case brought by Mexico against US gun manufacturers, alleging inter alia negligence, public nuisance and defective condition. The basic theory laid out was that defendants failed to exercise reasonable care to prevent the trafficking of guns to Mexico causing harm and grievances to this country. In this regard, the complaint focuses on aiding and abetting of gun manufacturers (rather than of independent commission).
In a brilliant judgment written by Justice Kagan, the Court ruled that PLCAA bars the lawsuit filed by Mexico. Accordingly, PLCAAS’s predicate exception did not apply to this case. Read more
French Supreme Court upholds asymmetric jurisdiction clauses in Lastre follow-up
by Jean-Charles Jais, Guillaume Croisant, Canelle Etchegorry, and Alexia Kaztaridou (all Linklaters)
On 17 September 2025, the French Cour de cassation handed down its decision on the Lastre case. This followed a landmark preliminary ruling of February 2025 from the CJEU, which laid out the conditions for a valid asymmetric jurisdiction clause under article 25 of the Brussels I recast regulation.
Asymmetric jurisdiction clauses allow one party to initiate proceedings in multiple courts or any competent court, while the other party has fewer options or is restricted to a specific jurisdiction. Such clauses are common in financial agreements (read more in our previous blog post here).
In the latest development of the Lastre case in France, the French Supreme Court opted for a pro-contractual autonomy stance, favouring the validity of asymmetric jurisdiction clauses.
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Quick and easy access to German case law in private international law – One year of ‘IPRspr 2.0’ (and almost 100 years of ‘IPRspr’)
Quick and easy access to German case law in private international law – One year of ‘IPRspr 2.0’ (and almost 100 years of ‘IPRspr’)
A comprehensive and carefully curated database providing free access to German court decisions on private international law – www.iprspr.de
Ralf Michaels/Jan Peter Schmidt
Perspectives Contentieuses Internationales (PCI), Volume 4
by Fabienne Jault-Seseke
Volume 4 of the Revue Perspectives Contentieuses Internationales (PCI) has been published. Available in open access here.
It includes a special feature on ‘the International Commercial Chamber of the Paris Court of Appeal’ edited by Sandrine Clavel and Daniel Barlow. This feature provides an insight into the history of the chamber, its specific characteristics, its place in the European market for justice, and how it operates. It also includes a presentation of its case law in private international law by Marie-Elodie Ancel and François Mailhé. Case law in arbitration is the subject of three articles by Malik Laazouzi.
Widiez on Specialisation of Private International Law
Gaëlle Widiez (Bourgogne University) has recently edited a volume entitled The Specialization of Private International Law: Reflections from the Perspective of Business Law (La spécialisation du droit international privé : Réflexion dans le champ du droit des affaires), published by LexisNexis. Read more