Welcome to the course International Commercial Law (15 credits) at Mälardalen University.
I am truly looking forward to beginning this course again. It has been a year since the previous session started, and this year, I am introducing more AI tools into the curriculum. My ambition is for us to develop effective habits when utilizing AI within a legal environment. There are numerous pitfalls we must learn to navigate and avoid. Remember: we do not become lawyers simply by subscribing to an AI tool; however, we can definitely enhance our legal argumentation skills by using these tools correctly.
Once again, I wish you a warm welcome to what I hope will be a rewarding and intellectually stimulating course.
Best regards,
Krister
Important Information: The Blog
As part of our learning journey, we will utilize my professional blog. This platform is more than just a website; it is a legally protected publication under the Swedish Fundamental Law on Freedom of Expression (YGL).
Key takeaways for you as a student:
- Constitutional Protection: The blog holds a formal publishing certificate, ensuring strong legal protections for freedom of speech.
- Source Protection (Källskydd): I have a statutory duty to protect the identity of anyone who provides information for publication. Authorities are legally barred from investigating these sources.
- Educational Purpose: This is a space for dialogue on law, economics, and AI. It promotes transparency and critical thinking beyond the classroom.
- Legal Disclaimer: While the content is designed to sharpen your legal mind, it serves educational purposes only and does not constitute formal legal advice.
HI!
I know the corse has ended but I wanted to say that I really enjoyed this course. One thing that stood out was the use of the AI tool that the teacher provided. It made it much easier to find relevant information quickly and helped me understand the content more deeply. It also saved time, which allowed me to focus more on actually understanding rather than reading the whole court judgments.
The teacher was also very good at explaining concepts clearly, which made even more complex topics easier to follow. I especially appreciated the seminars, it was different in a very positive way, and it was more like a guided storytelling than traditional seminars. This approach helped me understand how to think through legal cases step by step, rather than just focusing on the final answers.
It was also very helpful that the lectures were recorded. Being able to go back and rewatch them when something wasn’t clear made a big difference for me.
If I were to suggest one improvement, it would be regarding the exam. It carries a bit too much weight since it is worth 10hp. It might be beneficial to distribute the points more…
Overall, this was a very well-designed and rewarding course.
Hi,
Thank you so much for your kind words and for taking the time to share such thoughtful feedback. It is truly rewarding to hear that the course design—particularly the AI integration and the storytelling approach of our seminars—resonated with you and supported your development in legal reasoning.
I also appreciate your constructive suggestion regarding the examination weighting.
I will definitely look into how the 15 credits are divided for future versions of the course to make the grading fair.
I wish you all the very best of luck with your future studies!
Best regards,
Hi,
When will you post the exam grading?
Hi
I am currently grading a large number of examinations, so I cannot provide an exact date for when the process will be finalized. However, I can confirm that your results will be published within 15 working days.
/Krister
Hi!
When it comes to the multiple-choice questions, are we supposed to look up every alternative in the compendium (a-d) to know which one is correct, since we might not have that much time during the exam? It would have been really appreciated if you could give us any advice regarding this part!
Hi,
If you know the answer, then you answer it.
If you do not know the answer, you must try to find the relevant article in the law text compendium.
That is part of the exam. The point is not only what you remember, but also whether you can identify the legal issue and find the relevant rule in the legal text.
Best regards,
Krister
Hi,
You said that all articles under (FORMATION OF THE CONTRACT) in CISG, does not apply in Nordic countries because of article 94, have I understood correctly?
And if so, do we still need to read all of them (article 14-24)?
Hi,
Yes, that is correct.
The rules on formation of contract in CISG do not apply between companies in the Nordic countries because of the reservation connected to Article 94 CISG.
But yes, of course you must still read Articles 14–24.
The course is not about Nordic commercial law. The course is International Commercial Law. That means you are expected to understand the CISG as an international instrument, including the rules on contract formation, even if those rules do not apply in that specific Nordic situation.
So your understanding is correct, but that does not mean the articles can be ignored. You still need to know them.
Best regards,
Krister
Hi,
I would like to ask for clarification regarding the GDPR (page 296) in the law text compendium.
Its structure appears different from, for example, the CISG, as it is not presented in the same clearly article-based format.
In Lecture 4, you used a window labelled (EJC) not the law text compendium.
In the summary lecture, you mentioned that we should identify the different headings in the GDPR and understand what the articles cover, but the compendium was not used in that lecture.
Could you please clarify how we are expected to approach the GDPR using the law text compendium? And which articles we should focus on?
Since the GDPR was not reviewed in the compendium during the lecture, it is difficult to know how to study it effectively, particularly as it would be very challenging to read and fully understand all articles in the same way as with the CISG.
Hi,
You really need to be a little more independent in your work with the legal texts.
The GDPR is not unstructured. On the contrary, all articles have headings, and the Regulation is also divided into chapters with headings and subheadings. So the structure is there, and it is not difficult to identify if you actually work with the text.
I have also listed a number of relevant GDPR articles in the Lecture 4 slides on the homepage. That material is there to help you identify important provisions and to guide your preparation.
The point is not that I should go through every single provision in the compendium for you. The point is that you must train yourself to find the structure, identify the relevant chapter, and then move to the relevant article. That is part of legal method.
When I read between the lines in your question, I get the impression that you need to start trusting yourself more. A teacher cannot hold your hand all the time. Part of university studies is that you must learn to work independently with legal material.
You also need to prepare yourself for working life outside school. In professional life, nobody will tell you in advance exactly which article to read. You will be expected to identify the legal issue, find the relevant legal act, use its structure, and work out which provisions matter.
That is exactly the skill you are supposed to practice here.
Best regards,
Krister
I understand what you mean, but in Lecture 4 you didn’t go through the GDPR from the (law text compendium) at all.
Instead, you showed us articles from the window you had open called (ECJ) which has a completely different structure and different articles compared to the GDPR in the compendium.
You only provided us with a list of relevant GDPR articles, but did not go through any of them from the law text compendium.
This has left me quite confused, as none of the GDPR articles from the law text compendium were actually covered in the lecture.
Hi,
You have to study the different GDPR articles by yourself.
The purpose of the lecture was not to read the Regulation line by line for you. The purpose was to introduce the subject, highlight important legal issues, and point out relevant provisions. That is why I also provided a list of relevant GDPR articles.
It is then your responsibility to go back to the law text compendium, locate those articles, and study them yourself. That is part of university studies.
So yes, the lecture did not go through all GDPR articles in the compendium in detail. That was never the point. The point is that you must use the guidance given in the lecture and then do the legal work yourself.
That is exactly the skill you are expected to develop in this course.
Best regards,
Krister
Hi,
I have a few questions regarding the exam and the lecture material.
– In Lecture 6, you mentioned that we should read all the articles in the Convention, and you were referring to Chapter 1, Part 1 (p. 247). Do you mean that we should read Articles 1–13?
– In Lecture 7, you advised us to underline the term “obligations” in Article 61 and then return to other articles that address obligations. There are quite many articles that mention obligations, so I would like to clarify which specific articles you recommend focusing on.
– Do we need to memorise the answers to the questions provided before each lecture? You mentioned that this course is not focused on memorisation, so I would appreciate clarification on how detailed our preparation should be.
Hi,
Regarding Lecture 6, yes, you should read all articles in the CISG. The reason is not that you are expected to memorise every provision word for word, but that you need to get used to the structure of the Convention. The more familiar you are with how it is organised, the easier it becomes to find the relevant rules when solving a legal problem.
Regarding Lecture 7, the key starting point for the buyer’s obligations is Article 53 CISG. That article tells you where to begin. From there, you should continue working with the Convention by looking at how that provision connects to other articles dealing with the buyer’s duties and the consequences of breach. The important thing is to practice moving through the legal text in a structured way, not to wait for a complete list of articles to be given to you.
As for the questions posted before each lecture, you do not need to memorise fixed answers. As I have said during the course, this is not a memorisation course. The purpose is to help you develop an understanding of legal concepts.
The questions posted before the lectures were there to introduce the topic of the day and to direct your attention to important issues. I have also said that some of these questions may appear on the exam. That does not mean that you need to learn a prepared answer by heart. It means that you should understand the concept behind the question and be able to explain it in a legal and structured way.
So your preparation should focus on this:
understand the legal concept,
connect it to the relevant legal rules,
and be able to explain the concept clearly and apply it in context.
That is the level of preparation expected in this course, and that is also the best way to prepare for the exam.
Best regards,
Krister
Hi Krister,
I would like to make a written summary of your summary lecture to ensure that I have understood the key takeaways from each lecture correctly. I would be very grateful if you could confirm whether my understanding below is correct:
Lecture 1 – Introduction. Nothing specific for the exam, except understanding how to work with the law text compendium and developing a method for finding relevant provisions.
Lecture 2 – Focus on (European Court of Justice) and learning how to find the relevant headings and structure in the compendium.
Lecture 3 – Interpretation of statutes (grammatical) and understanding direct/indirect effect, and the difference between vertical & horizontal effect.
Lecture 4 – GDPR. Focus on being able to find and identify the relevant articles in the compendium.
Lecture 5 – CISG (contracts). Focus on finding the different articles and headings, and understanding the consequences if one of the parties is not from a CISG country…
Lecture 6 – This lecture was not discussed during the summary lecture, so I think there is nothing specific to focus on from this lecture for the exam?
Lecture 7 – Focus on working with the articles, so the main takeaway is to practice using the law text compendium.
Lectures 8 & 9 – Only basic rules of competition law. But what rules do you mean?
Lecture 10 – Public Procurement. You mentioned that we do not need to focus on this lecture, as it is connected to Lectures 8 & 9.
Lecture 11 – Intellectual Property (IP) law. Overview of different types of IP protection. The focus is on reflecting on the different types of IP protection a company may use during different phases of its life cycle, and understanding that several types of protection can apply at the same time.
Lecture 12 – Also about IP law.
Lecture 13 – Parallel import. Should we spend much time on the details, or is it sufficient to understand the general overview?
Lectures 14 & 15 – Tax law.
Could you also give some advice on the method for finding the correct articles for different legal acts in the law text compendium? I understand that this skill develops through practice, and I have been working with it throughout the course and I still find it difficult. I would really appreciate some guidance on how to think in a structured way when identifying the relevant provisions.
Hi,
Thank you for your message and for the work you have put into reviewing the lectures.
However, this is university study, and I will not give comments on a summary of a summary. The purpose of the summary lecture was to highlight certain overall points, not to replace your own work with the lectures, the course material, and the law text compendium.
What is expected from you is that you work independently with the material and train your legal method. That includes identifying the legal subject, locating the relevant legal act, and then finding the relevant provisions in that act.
As guidance, you should work in the following order:
Identify the legal subject in the question.
Ask yourself what area of law the problem concerns.
Find the relevant legal act or acts.
Once you know the subject, you must connect it to the correct statute, regulation, convention, or other legal source in the law text compendium.
Use the structure of the legal act.
Based on your earlier study of the act, you should have an idea of how it is structured, usually through headings and subheadings. Start by locating the relevant heading.
Read the relevant articles and apply them to the question.
It is not enough to find provisions. You must also read them carefully and connect them to the facts in the question.
That is the method you need to practice. It develops through repeated work with the legal texts. The point is not that I should tell you exactly which provisions to use in advance, but that you should build the skill of finding them yourself.
So my advice is: continue working with the lectures, your notes, and the law text compendium, and use the four-step method above each time you practice.
Best regards,
Krister
Could you please publish the slides for lecture 6?
Hi,
If you check the homepage, you will notice that there are no new slides for this lecture and if you watch the movie, the reason for this will become clear.
Best regards,
Krister
Hey! When answering a longer question in the exam and the answer is partially incomplete but still mentions all the essential things, will there be minus points? Or in other words if the answer says things that were not fully asked for?
Hi,
No, I do not work with “minus points” in the sense that you automatically lose marks just because you wrote something extra. However, irrelevant or unfocused content can still affect the grading.
What I assess is whether your answer shows that you understood the question and the subject. If I ask for C and D, and you answer A, B, C, D, E and F, then you have not shown that you can identify what is actually being asked. That indicates a weaker understanding of both the question and the subject matter, and that will affect the grading.
In an exam, it is not enough to write many correct things. You must answer the specific question in a relevant, precise, and structured way.
Best regards,
Krister
Hi,
I went back over Lecture 4, but I’m stuck on one thing. What does it mean when it says (ex Article 5 TEC) underneath an article?
And for the exam, is that something we have to pay attention to or can we just ignore it?
Hi,
To find the answer to the question, please refer to the conclusion of the video: Lecture 16, Part 3 of 3.
Best regards,
Krister
Hello Krister,
Regarding the exam. From which lesson did you go trough the different terms of interpretation? Restrictive, En Contra and Extensive. Or will you go trough this in the summary on thursday? Thanks.
Hi,
To find the answer to the question, please refer to the conclusion of the video: Lecture 16, Part 3 of 3.
Best regards,
Krister
Hi,
Will you record the summary lecture?
Hi,
Yes, it will be recorded and published on Canvas
Best regards,
Krister
Hi,
What type of dictionary are we allowed to bring to the exam and where can we get them?
Hi
In course Introduction to Commercial Law you can bring a printed dictionary.
Is your book a dictionary (Ordbok)? If its purpose is strictly to translate words from one language to another, it is permitted.
Is your book an encyclopedia (Lexikon)? If it explains concepts and facts, please leave it at home it is not allowed on the exam.
You can purchase them wherever books are sold.
Best regards,
Krister
Hi Krister,
I have collected a few questions that I would like to clarify!
1. How are we supposed to understand what each article is about? For example, in (TEU) Article 3, you mentioned during the lecture that it concerns the EU’s objectives. However, this is not written directly in the title, and we only understand it when we read the first paragraph: “The Union’s aim is to promote peace, its values and the well-being of its peoples.” My question is: how should we know that the EU’s objectives are included under the section titled “Common Provisions”, especially since the language in the treaty is advanced and difficult?
2. Regarding the exam, will it only include the articles that you went through during the lectures?
3. Will any of the cases that we worked with appear in the exam? In Lecture 3 (Part 1) you discussed a case, should we expect something similar in the exam, or was that only for the assignment?
4. When we answer in the exam, how should we reference the law? Do we always need to write something like “Based on the (TEU), Article X …”, or is there another acceptable way to refer to the articles?
5. Do we need to learn and remember the structure of the Swedish courts (allmänna domstolar) that you explained in Lecture 2, Part 3 (around 21:12)?
6. Regarding the EU institutions: should we reference each institution mentioned in TEU Article 13, to the more detailed provisions in the TFEU (for example starting with the European Parliament in Article 223 and the following articles), or is it sufficient to remain within TEU Article 13 and cite other articles within the same treaty for each institution?
Hi
I will address these questions during the summary lecture.
/Krister
Hi,
To find the answer to the question, please refer to the conclusion of the video: Lecture 16, Part 3 of 3.
Best regards,
Krister
Hello, could you please list the most important articles in the Law Text Compendium that would be useful for us to mark, as it is difficult to rewatch all the lectures to find the ones you mentioned?
No, I will not publish a list of articles.
The purpose of the lectures, and of making the lecture recordings available, is to give you the opportunity to go back and review material you may have missed or need to revisit. The lectures are intended to support your learning, not replace your own work with the legal texts.
An important part of the course is that you practise using the Law Text Compendium yourself. This is part of learning legal method: identifying which provisions are relevant, finding them in the text, and understanding how they apply in a particular context. That skill is central to legal studies and something you need to develop through practice.
If I were to provide a complete list of all the articles mentioned in the lectures, it would take away an important part of that learning process. It might make things easier in the short term, but it would not help you develop the skills the course is designed to train.
The aim of the course is not simply to help you get through the material as quickly as possible, but to help you learn how to work independently with legal sources. That is also why the lectures and the compendium are meant to be used together.
You are studying not only to find the right answer, but to learn how to find, assess, and apply the relevant legal rules on your own. That is where the real learning takes place.
What tools are we allowed to bring with us during the seminar? Computer? Notes?
Hi,
You may bring:
your assignment paper
your opposition paper
a printout of the opposition written by the other group on your paper
your own notes
the law text compendium
the EU book
You are not allowed to bring a computer or any other electronic devices.
Best regards,
Krister
Will you send out any preparation for the seminar or how the seminar will go, etc?
Information Regarding the Seminar
We will begin by exploring the background, legal issues, and judgments of both cases together. I will pose questions for you to address, and your responses will allow us to illustrate both cases on the board.
Once we have established a mutual understanding of the ’playing field,’ we will analyze the court’s reasoning behind its conclusions. Following this, we will discuss the future implications of these judgments. You will then have the opportunity to comment on the critique provided by the opposing group and reflect on the insights gained from their perspective. The opposing group will also be invited to discuss their critique and your subsequent responses.
To conclude, we will share our experiences using AI tools and discuss how their application was documented in your work. The seminar will close with a collective reflection on the core question: What have you learned today?
Best regards,
Krister
Hello! I am wondering what spacing should be used and required in the assignment, is it acceptable to use 1.15? I could not find any formatting specifications and instructions so I would like to confirmed what is preferred?
Hi,
Yes, 1,15 is OK
/Krister
I have a question regarding footnote referencing using the Oxford system in our assignment.
I would like to clarify how detailed my references need to be. In particular, I am unsure whether it is sufficient to refer generally to the judgment in a case, or whether I am expected to specify paragraph numbers. I am also uncertain when separate references are required for the Charter of Fundamental Rights, TFEU provisions, or directives, and when it is acceptable to cite only the judgment as a whole.
Some guidance on the required level of precision would be greatly appreciated, as different sources seem to give different advice.
Hi
Precision in your footnotes tells the reader that you haven’t just skimmed a summary of a case, but have actually engaged with the primary source.
Here is some guidance on the level of detail required when using the OSCOLA (Oxford) system for your assignment:
1. Do I need to specify paragraph numbers (pinpointing)?
The short answer is: Yes, absolutely.
In legal scholarship, a general reference to a judgment is rarely sufficient. A Court of Justice (CJEU) judgment might cover several different legal points across dozens of pages. If you are citing a specific rule, a test, or a definition created by the Court, you must point the reader to exactly where that occurs.
The Rule: When referencing a specific part of a judgment, add the paragraph number in square brackets at the end of the citation.
Example: Case C-176/03 Commission v Council ECLI:EU:C:2005:542 [47]-[48].
If you are merely mentioning a case to provide historical context (e.g., ”The Cassis de Dijon case changed the landscape of the internal market”), a general citation is fine. However, if you are using the case to support a specific legal argument, pinpointing is mandatory.
2. Separate references: Treaties, Directives, and Cases
A common pitfall for students is confusing the legal rule with the judicial interpretation of that rule.
The Provision (The ”What”): If you state that ”Article 101 TFEU prohibits anti-competitive agreements,” your footnote must cite the Treaty (TFEU).
The Judgment (The ”How”): If you then say, ”The Court held in Hofner that the concept of an ’undertaking’ encompasses every entity engaged in an economic activity,” your footnote must cite the Judgment (and the specific paragraph where that definition is found).
Rule of Thumb:
If you mention the Charter, a Treaty article, or a Directive by name/number in your text, it requires its own citation the first time it appears. You should not ”hide” a legislative provision inside a case law reference.
Consistency is the hallmark of a successful law student. If you choose to use ”para” or ”paras” instead of square brackets (though square brackets are standard for CJEU cases in OSCOLA), ensure you do it the same way throughout the entire document.
Precision shows authority. It tells me that you know exactly where the law is found, rather than just guessing.
Best regards,
Krister
Hello,
I have a question regarding the page limit for the assignment. Do footnotes count towards the total page count? Since we are required to reference according to the Oxford style, the footnotes take up a considerable amount of space.
I also find it somewhat challenging to fit all the required elements Background, Legal Issues, Court Reasoning, and Critical Analysis for four different cases within pages 2–7. The space feels quite limited given the scope of the analysis expected.
I would be grateful if you could clarify how strictly the page limit should be interpreted in relation to footnotes and the required structure.
Hi!
I understand it feels tight, but here is the deal:
The Page Limit is Fixed
The page count is a maximum limit. If your assignment is longer than the allowed pages, it will not be approved. This is a firm rule.
Footnotes and Oxford Style
Yes, footnotes count. They are part of the total page count, even if they take up a lot of space.
The Oxford method is mandatory for this assignment.
Please check the course homepage again for specific instructions on how to use this reference system correctly.
The Real Challenge
In the age of AI, it is very easy to write many pages of text. That isn’t the difficult part. The real academic challenge here is to narrow it down.
You need to pick out only the most important facts and legal points to fit the Background, Issues, Reasoning, and Analysis into the space provided. Being concise is a key skill in law.
Best regards,
Krister
Hello! On cases in the group assignment, there are the ”judgment of the court” and the ”opinion of advocate general”. Should we read both of them or just one?
Hi,
To answer your question directly: while the ”Judgment of the Court” is your primary source of law, you should absolutely read both if you want to achieve the depth required for this specific assignment.
Here is why this distinction matters for your analysis:
1. The Judgment of the Court: The Final Word
The Judgment is the legally binding decision. It represents the collective voice of the judges.
• Purpose: It outlines the final interpretation of the Charter and Treaties.
• Style: Often written in a more formal, sometimes ”staccato” style to ensure consensus among the judges.
• Requirement: You must use this to identify the legal tests the Court employs and how they weigh conflicting interests.
2. The Opinion of the Advocate General (AG): The ”Roadmap”
The AG is an independent advisor to the Court. Their opinion is not binding, but it is often much more detailed and discursive.
• Why read it? The AG often explores the alternative interpretations and normative implications that your instructions specifically ask you to investigate.
• Critical Thinking: Comparing where the Court followed the AG and where they disagreed is a goldmine for your ”Critical Analysis” section.
• Systematic Relationship: AGs often do the heavy lifting in explaining how a case builds upon or breaks from established practice.
Pro-Tip for your Group Work
Your instructions state that the analysis should go beyond merely reproducing the court’s reasoning.
By reading the AG’s opinion, you gain access to a ”critique” of the law before the final judgment was even written. This will make your Critical Analysis (Pages 2-7) significantly stronger and much easier to write.
Best regards,
Krister
Hello Krister,
For some reason we can’t download the cases for the group assignment and if we convert it to PDF we only get one page and not the full doc.
Is there anything we can do to access the cases so we can upload them into notebook?
Hello everyone,
It seems some of you are only getting the first page when trying to save them as PDFs.
Let’s look at this as a practical exercise in legal research: The documents are available, but you must be persistent to find the complete versions.
Navigating the System
The European Court of Justice (ECJ) database can be difficult to navigate at first. It often takes some trial and error to locate the full-text versions and format them correctly for your digital notebooks.
To make things easier, please try using this direct link to access the resources: https://eur-lex.europa.eu/advanced-search-form.html?action=update&qid=1770140726136
Why Persistence Matters
In the professional world of commercial law, the information you need isn’t always easy to find.
Whether it is a specific clause in a contract or a difficult-to-find court ruling, a lawyer’s job is to keep searching until they succeed. Use this as an opportunity to build those research skills.
Keep at it—the full documents are there.
Best regards,
Krister
Hello! I just wanted to share a small suggestion regarding Lecture 3, Video 2:
I had a bit of difficulty grasping the concept of grammatical interpretation of law when the pine cone example was used. Personally, I found the example of vehicles much easier to understand. For instance, if a law states “no vehicles in the park,” what does that actually mean? Cars are the obvious example, but does it also include electric scooters, bicycles, toy cars, or sledges?
I thought this example made the concept clearer. Just a small tip 🙏🏽 thank you for an otherwise great and well illustrated video!
Hi,
I sincerely appreciate your feedback regarding the pine cone example; it was certainly a bit ”stuck in the woods.”
I will incorporate the vehicle dilemma into the upcoming course summary as a replacement.
Please continue to share these insights—it is precisely this level of critical thinking that enhances the quality of our course.
Best regards,
Krister
Which website should I use to search for the assignment’s cases?
Hi,
You will find an instructional video under Lecture 2, titled ’MOVIE: How to find a case from the ECJ.
Best regards,
Krister
Hello,
When will we be getting instructions for the group assignment?
Hi
It is published on Canvas
Best regards,
Krister
Hi, I have some small thoughts about the different cases.
I understand that you should read them and understand them. What more concrete things are we supposed to do? I have asked AI to explain them etc., but is the idea to do something more with them than understanding all these cases?
Moving from ”Reading” to ”Applying” Law
Hi!
That is a very good question. It touches on the exact transition you need to make from being a student who memorizes to a legal professional who analyzes.
It is one thing to read the cases and understand the stories; it is quite another to utilize them as tools in your professional legal practice.
Here is why we do this and what you should be doing more concretely.
The Core Objective: Mapping the Mechanics
The purpose of reading these specific cases is to understand the technical concept of Direct Effect and its various ”flavors.” You shouldn’t just know what happened; you should know how the legal machinery works.
When you study a case, focus on identifying:
The Legal Act involved: Is it a Treaty provision, a Directive, or a Regulation?
The Variation of Direct Effect: Is it Vertical (individual vs. state) or Horizontal (individual vs. individual)?
The Alternative: If Direct Effect isn’t applicable, does the court apply Indirect Effect (interpreting national law to reach the same goal)?
Why this matters: Dual Vigilance
The Court has introduced these concepts to create what is known as Dual Vigilance in EU law. By allowing individuals and companies to invoke EU law in national courts, the EU ensures that Member States follow the rules not just because the Commission is watching, but because everyone is watching.
Your task is to reflect: What are the implications for a company or an individual in different EU countries? How does a ruling in Luxembourg practically change the legal standing of a client in Sweden?
Three Concrete Steps for Your Study
If you want to go deeper than just ”understanding” the plot, try this:
Read the EU Book: Go back to the chapter regarding the concept of Direct Effect. The textbook provides the academic framework that connects all these separate cases into one coherent system.
The ”Non-Student” Challenge: Take your Lecture Slides and try to explain their content to someone who isn’t studying law. If you can translate ”Vertical Direct Effect of a Directive” into plain language that a friend can understand, you truly know the material.
Analyze the ”Who”: Always look at the parties. If the defendant was a private company instead of the state, would the result be different? This helps you understand the limits of the law.
Please make a comment if my answer is unclear 🙂
Best regards,
Krister
First lecture complete.
Reflecting on the session, I realized during my video edits that the lecture might have featured a bit too much discussion on AI. On the other hand, we will be utilizing these technologies extensively, and as mentioned, I am still learning the extent of your proficiency with these various tools. Time will tell!
Additionally, I felt my initial explanation of the Socialist Law system could have been clearer. You can find a more comprehensive definition by using an AI tool—such as ChatGPT, Gemini, Perplexity, Copilot, or Claude—with the following prompt:
”If you categorize the global legal landscape into systems such as Common Law, Civil Law, Theocratic Law, Socialist Law, Traditional Law, and Mixed Law, how would you describe the Socialist Law system?”
I have added a detailed AI-generated response to the notes section of my PowerPoint slides for my reference. Moving forward, I will strive to provide more nuanced answers to such complex questions.
I have also launched the Study Guide AI – Spring 2026 on our Canvas homepage. Please feel free to share your feedback on the first lecture—I welcome both your positive insights and constructive critiques.
Best regards,
Krister
Hi
Sunday evening reflections: GDPR and the ”New Normal”
It is Sunday evening, 8 PM. I am sitting here at home office preparing the final details for our 9 AM lecture tomorrow. I am looking at a complex court case regarding the protection of personal data.
I am thinking about how to teach this tomorrow. Should I just show the judgment on the screen like usual? Or should we do something more modern?
I am tempted to use NotebookLM. My idea is to upload the old Directive (the one that was valid when the case was decided) and the current GDPR. Then, we can teach the AI to find the differences in real-time. This is how many lawyers work today—they use AI to compare old law with new law to see what has changed.
A concern for the group
I must be honest with you: I am a bit worried. I see that many of you are not really using AI yet.
In this course, AI is a progression. We start with small steps, but it builds up. If you are not ”on the train” now, you will have a very hard time with the mandatory assignment later in the course. You cannot ”cram” AI skills at the last minute; you need to practice now.
Where are the comments?
I also noticed our blog is very quiet. The students in the Tax Law course are posting much more than we are! Why is that? Are you shy, or just busy?
I want this blog to be a place where we talk. It doesn’t have to be a perfect academic essay—just your thoughts on Commercial Law.
I will decide tonight how we do the lecture tomorrow. Maybe I will surprise you with a live AI demo. See you at 09:00!
Best regards;
Krister
Krister,
Thank you for sharing your reflections. I think it’s good that you try to develop the course and show how legal work is changing. At the same time, I want to be honest about why the blog has been quiet and why some students seem less engaged.All of us are using AI not for the first year already, but the challenge right now isn’t whether we’re “on the train” with tools like NotebookLM. The bigger issue is that we’re struggling with the core structure of the course and the commercial law theory we need to understand to pass the exam.
This is what most of us feel unsure about:
1. What the “main framework” is (the core concepts, rules, and how they connect)
2. What we are expected to be able to do at exam level
3. How the lectures, readings, and cases fit together into one clear progression
When a lot of lecture time goes into AI methods and demonstrations, it feels like we’re missing the fundamentals: the legal reasoning, the main doctrines, and the exam-focused overview. That uncertainty makes it harder to participate, comment, or even know what to ask because many of us don’t feel we have the baseline map of the subject yet.
I’m saying this respectfully, but directly: we need more commercial law teaching and clearer guidance, and AI should be a supporting tool but not the main focus.
If we had the clarity, I’m confident the blog would be more active and attendance would improve because people would feel they understand what they’re working toward.
I hope you take this in the constructive spirit it’s meant. We want to learn, and we want the course to work. But right now, many of us feel the commercial law part needs to be stronger and more structured.
Hi,
First of all, thank you for this comment. This is exactly the kind of honest feedback I want to see on this blog! It takes courage to speak up, and I appreciate your constructive spirit.
I hear you loud and clear. You want the ”baseline map” of Commercial Law. You want to know how the rules connect so you can feel safe for the exam. This is my main priority too.
Here is my plan for the rest of the course:
Structure first: When we talk about case law, I will start by ”zooming out” to explain how the cases fit into the bigger picture of Commercial Law. I will be more clear about what is exam-level knowledge. We have now covered the basics of EU Law, and the following subjects will be more clear Commercial Law—starting with Contract Law.
AI as a ”Map Maker”: I understand that the AI demos can feel like a distraction if you don’t know the law yet. My goal with NotebookLM isn’t to replace the law, but to show you a tool that helps you find that structure faster. But I hear you—we need to make sure the ”legal foundation” is solid first.
The ”Big Picture”: I will provide a clearer overview of how the lectures, cases, and readings fit together. I don’t want anyone to feel lost.
The Assignment: The assignment is now published on the course homepage. It will give you a clear picture of what the first exam looks like. I have also published several earlier exams and suggested answers. I hope these will help you see the requirements and the ”big picture.”
A challenge for you: Now that the ”ice is broken,” keep telling me where the gaps are! If a concept is unclear, ask here on the blog. If you don’t know how a case connects to the theory, post it.
I will make the commercial law part stronger and more structured, and we will use AI only as a support tool to help us understand that structure.
Best regards,
Krister