Treating Breaches: The Law’s and the Court’s Answer
European legal scholarship has written extensively on the doctrine of state liability for breaches of European law.90 Especially after the European Court of Justice’s Francovich decision91 in 1991, scholarly interest in the field of state liability exploded, making authors start articles “requiring apology for any more”92 or title them “Once more unto the Breach”93. This chapter aims at providing an in-depth analysis of the primary legislation as well as of the European Court of Justice’s jurisprudence on the matter of non-contractual liability of Member States.
KeywordsMember State National Court Advocate General Preliminary Ruling Damage Compensation
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