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: A* the court-developed
principles of direct effect, supremacy, and indirect effect; A*
State liability as an 'inherent principle' of European law; A*
conditions of State liability; A* cases where liability is
'automatically established'; A* extent of reparation; A* who may
bring a claim under Article 288(2); A* against whom an action may
be brought; and A* distinction between administrative and
legislative acts. A* 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.
General
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