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The Case of State Liability

20 Years after Francovich

  • Michael Haba

Part of the BestMasters book series (BEST)

Table of contents

  1. Front Matter
    Pages I-XVII
  2. Michael Haba
    Pages 1-5
  3. Michael Haba
    Pages 106-111
  4. Back Matter
    Pages 113-141

About this book

Introduction

In light of the 20th anniversary of the ruling in Francovich, Michael Haba analyzes the principle of Member State Liability, which provides a right to damages whenever EU law is breached by Member States. His research ascertains that the doctrine evolved through three stages before becoming the unified approach that it is today. The author emphasizes that the principle’s base lay at the outset of the EEC, when the ECJ sought means to foster the enforcement of EC law. He shows that although State Liability was introduced in Francovich, there was not enough guidance on its application. He highlights that these matters were resolved in Brasserie/Factortame III, which refined the assessment of culpability, but was inconsistent and had to be further clarified in case law. He illustrates that the doctrine was expanded to breaches of EC law by last instance courts in Köbler. Finally, the author examines if breaches of European competition rules could lead to a right to damages under the principle, but concludes that no fourth stage of State Liability can be established.

Contents

  • The principle of State Liability: Francovich
  • Conditions for Applying State Liability: Brasserie/Factortame III
  • Liability for Judicial Breaches of EC Law: Köbler and Traghetti 
  • Liability of individuals for breaches of EC Law: Courage and Manfredi

Target Groups

Students in the field of European Union Law

The Author

Michael Haba obtained a Master of Arts degree in Business at Management Center Innsbruck, specializing in International Business & Law.

 

Keywords

European Court of Justice (ECJ) European Law European State Liability Francovich Ruling Principle und Conditions of State Liability

Authors and affiliations

  • Michael Haba
    • 1
  1. 1.WienAustria

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-658-08080-8
  • Copyright Information Springer Fachmedien Wiesbaden 2015
  • Publisher Name Springer Gabler, Wiesbaden
  • eBook Packages Business and Economics
  • Print ISBN 978-3-658-08079-2
  • Online ISBN 978-3-658-08080-8
  • Buy this book on publisher's site
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