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The Case of State Liability - 20 Years after Francovich (Paperback, 2015 ed.)
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The Case of State Liability - 20 Years after Francovich (Paperback, 2015 ed.)
Series: BestMasters
Expected to ship within 10 - 15 working days
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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 Koebler. 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.
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