All legal systems provide for a form of action for non-contractual liability. This is the first book to present an in-depth discussion of the right of individuals to receive damages in European law. Analyzing relevant ECJ cases, the authors detail the substantive and procedural criteria that need to be satisfied in order for an individual to succeed in a claim for damages against Community institutions under Article 288 EC or against a defaulting Member State under the court-created Francovich principle.
The book investigates the following factors and more:
- the court-developed principles of direct effect, supremacy, and indirect effect;
- State liability as an 'inherent principle' of European law;
- conditions of State liability;
- cases where liability is 'automatically established';
- extent of reparation;
- who may bring a claim under Article 288(2);
- against whom an action may be brought; and
- distinction between administrative and legislative acts.
- convergence between State and Community actions in damages.
The Right to Damages in European Law will be welcomed not only for its committed entry into an important area of European law that has not heretofore been treated in appreciable depth, but also for its clear and detailed analysis of the key issues facing students and practitioners when confronted with an issue concerning either State or Community liability.
