The Case of State Liability: 20 Years after Francovich (BestMasters) - Softcover

Haba, Michael

Softcover

ISBN 10: 3658080795 ISBN 13: 9783658080792

Publisher: Springer Gabler, 2014

Synopsis

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.

About this title

About the Author

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

From the Back Cover

In light of the 20^th 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.

Edition details

• Publisher: Springer Gabler
• Publication date: 2014
• Language: English
• ISBN 10: 3658080795
• ISBN 13: 9783658080792
• Binding: Paperback
• Number of pages: 158