Kollisionsrechtliche Absicherung der Unternehmenshaftung in Lieferketten

Christiana Bradshaw examines issues of private international law relating to the civil liability of private companies for violations of legally protected interests along transnational supply chains. Can the conflict-of-laws applicability of supply-chain-related liability norms be secured through the instrument of overriding mandatory provisions? Starting from German law, including the Supply Chain Due Diligence Act (LkSG), the author shows that corporate liability de lege lata does not exist with legal certainty. Moreover, European conflict of laws rules in typical supply chain scenarios regularly lead to the application of foreign law, so that civil liability has so far largely failed. Against this background, Christiana Bradshaw analyses overriding mandatory provisions in the light of the case law of the Court of Justice of the European Union. Particular importance is attached to Article 29(7) CSDDD, which is intended to ensure the mandatory application of the liability rules. Finally, the study outlines possible future implementation options for the German legislature as well as opportunities and limitations of overriding mandatory provisions.