Views
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.
News
Law without Borders? Extraterritorial Regulation and Unilateral Action
In an increasingly multipolar world, national and regional actors are reasserting regulatory control over cross-border economic activities. States such as the United States and China, as well as the European Union, are increasingly relying on unilateral measures with extraterritorial reach – particularly in areas such as sanctions, digital regulation, supply chains, competition law, and data protection. At the same time, the multilateral order appears to be under strain: international organizations are being sidelined, agreements are terminated or ignored, and established norms are openly challenged.
To explore the implications of these developments for international (economic) law and the future of global economic cooperation, the German Society of International Law (DGIR) will host a conference in Munich on 11–12 June 2026. Focusing on “Law without Borders? Extraterritorial Regulation and Unilateral Action” the event promises to provide a timely and critical forum for discussing the evolving role of extraterritorial regulation and unilateralism in shaping the international legal order.
Call for Papers: Frankfurt Law Review Special Edition on Digital Transformation
The Frankfurt Law Review is currently looking for submissions for a special edition dedicated to the topic of Digital Transformation.
Submissions can be drafted specifically for the review but may also be based on seminar papers or other academic assignments; they are accepted until 31 May 2026.
The full call for papers can be found here.
HCCH Monthly Update: April 2026
Meetings & Events
From 30 March to 1 April, the Experts’ Group (EG) on Central Bank Digital Currencies (CBDCs) held its fifth meeting. Pursuant to its mandate, the EG continued to make progress in its study of the jurisdiction and applicable law issues raised by the cross-border use and transfers of CBDCs, including the desirability and feasibility of a possible future instrument on these issues, with particular attention to their use in payments with a cross-border or international element. More information is available here.