Ivana Kunda

Law Applicable to Employment Contracts under the Rome I Regulation

The author is analysing the structure and particular operation of the provisions determining the law applicable to individual employment contracts under the EU legislation. From the restricted party autonomy to the default conflict provisions pointing to the law of the place where the work is habitually carried out and marginalising the connection to the place of business through which the employee is engaged, the protection of the employee as the weaker party seems to be the pursued objective. However, there are other interests that may play an important a role in this context, especially when it comes to public policy and overriding mandatory provisions that by definition are not limited to protection of individual private interests but are focused on the interests of the particular state.

Secondary Liability of Internet Intermediaries and Safe Harbours Under Croatian Law

Neither case law nor legal theory offer a conclusive reply to the question whether an Internet intermediary providing Internet services should be considered liable under Croatian law regarding the acts of its customers which cause damage to a third party. In the absence of a specific provision on secondary liability of Internet intermediaries, the courts struggle to classify the issue as falling under the proper legal norm. The authors of this chapter argue that the right legal bases for judging secondary liability of Internet intermediaries under Croatian law are general provisions on non-contractual obligations regarding liability for one’s own acts or omissions, rather than liability for the acts of another person, and a special provision on liability for defamation. Whatever the basis for liability, a safe harbour is available to those who satisfy the respective statutory conditions. Even in situations where no liability can be established, certain remedies are available against Internet intermediaries to ensure effective protection of third parties’ rights and interests.