The Action For Damages In Community Law
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The Action For Damages In Community Law
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Author : Ton Heukels
language : en
Publisher: Kluwer Law International B.V.
Release Date : 1997-02-18
The Action For Damages In Community Law written by Ton Heukels and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-02-18 with Law categories.
Examining EC provisions for dealing effectively with the need to compensate individuals for wrongful acts, this volume covers topics ranging from non-contractual liability of the Community for different kinds of legal act, to questions of damages and the Community's contractual liability.
The Right To Damages In European Law
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Author : Andrea Biondi
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
The Right To Damages In European Law written by Andrea Biondi and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
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 Passing On Problem In Damages And Restitution Under Eu Law
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Author : Magnus Strand
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-12-11
The Passing On Problem In Damages And Restitution Under Eu Law written by Magnus Strand and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-11 with Law categories.
‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges.
The Passing On Problem In Damages And Restitution Under Eu Law
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Author : Magnus Strand
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-01-27
The Passing On Problem In Damages And Restitution Under Eu Law written by Magnus Strand and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-27 with categories.
‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this authoritative book Magnus Strand provides the first comprehensive examination of passing-on in EU law damages and restitution. The analysis covers a broad range of contexts including competition damages and the repayment of charges.
Public Liability In Eu Law
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Author : Pekka Aalto
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-11-01
Public Liability In Eu Law written by Pekka Aalto and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-01 with Law categories.
Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.
Damages In Eu Public Procurement Law
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Author : Hanna Schebesta
language : en
Publisher: Springer
Release Date : 2015-12-16
Damages In Eu Public Procurement Law written by Hanna Schebesta and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-16 with Law categories.
The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.
New Directions In European Public Law
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Author : Jack Beatson
language : en
Publisher: Bloomsbury Publishing
Release Date : 1998-01-01
New Directions In European Public Law written by Jack Beatson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-01-01 with Law categories.
This collection of essays arises from two symposia held by the University of Cambridge's Centre for Public Law and Centre for European Legal Studies in the winter and spring of 1997. It presents an analysis of a cluster of issues arising in the EU public law arena but naturally falls into two interrelated but distinct parts. The first part deals with issues of liability in public law and the availability of remedies in EC and domestic law. The second part deals with EU public law on a broader canvas,by examining the phenomenon of cross-fertilization among national legal systems in Europe and between national systems and EU law. The book also examines the judgment of the Divisional Court of 31 July 1997 in R v. Secretary of State for Transport ex parte Factortame Ltd and the post-Francovich judgments in Palmisani, Maso and Bonifaci delivered by the Court of Justice on 10 July 1997. Contributors: John Allison, Jack Beatson, John Bell, Paul Craig, Piet Eeckhout, Ivan Hare, Mark Hoskins, Peter Oliver, Eivind Smith, Luisa Torchia, Takis Tridimas, Walter van Gerven.
Non Contractual Liability Of The European Communities
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Author : Henry G. Schermers
language : en
Publisher: BRILL
Release Date : 1988-09-29
Non Contractual Liability Of The European Communities written by Henry G. Schermers and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-09-29 with Law categories.
States by Peter Oliver.
Development Of Judicial Control Of The European Communities
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Author : Gerhard Bebr
language : en
Publisher: Springer
Release Date : 2013-12-01
Development Of Judicial Control Of The European Communities written by Gerhard Bebr and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-01 with Law categories.
The development of the judicial control of the European Communities is perhaps best illustrated by comparing the first decision the Court of Justice rendered in December 1954, under the ECSC Treaty, with its preliminary rulings van Gend & Loos (1962), ENEL (1964) and Simmenthal II (1978) rendered under the EEC Treaty. In the first case the Court quashed a decision of the High Authority impugned by an annulment action of a Member State for an illegal exercise of Community powers - a judicial control which at the time already represented a spectacular legal in novation introduced by the ECSC Treaty. At that time the Court was, for evident reasons, still reserved as to its role within the unprecedented institutional structure of the Community. In van Gend, ENEL and Simmenthal II, on the other hand, the Court resolutely pursued a judicial policy intended to ensure an effective operation of the Community legal order, a problem hardly envisaged in 1954. In these rulings the Court characterized the emerging legal order and stated its fundamental and indispensable requirements: the unlimited supremacy of Community law and its direct effect. The development of a superior and autonomous Community legal order was finally completed by the Court's recognition of fundamental Communiry rights of individuals. This development from an initially reserved stand of the Court searching for its proper role and its potentialities to a bold and determined judicial policy is truly remarkable.
Judicial Protection In The Ec The Use Of Article 288 2
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Author : Jill Wakefield
language : en
Publisher: Springer
Release Date : 2002-08-08
Judicial Protection In The Ec The Use Of Article 288 2 written by Jill Wakefield and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-08-08 with Law categories.
The last decade has seen an evisceration of the once-dominant democratic legal concept of "public interest". Its place is being steadily usurped by a problematic "compensation culture" which, in an ostensible effort to protect the individual, is wreaking havoc with the principles of responsibility and liability that underlie the rule of law, especially in the commercial context. Nowhere is this troubling development more evident than in the jurisprudence surrounding Article 288(2)EC, which has grown from a measure of sanction against the Community Institutions for maladministration into a remedy for infraction or injury through the fault of those Institutions or, by extension, as a result of Member State breach of Community law. Judicial Protection in the EC is the first in-depth analysis of this "hot spot" in EC law. With prodigious scholarship and persuasiveness, the author investigates the relevant case law of the Court of Justice from the standpoint of the fundamental legal principles involved. She finds that the distinct problem of the accountability of the Community Institutions, so important where democratic controls are weak, has been subsumed to the responsibility to compensate. In her penetrating commentary she identifies an erosion of basic democratic principles and points the way to ensuring that policies claimed to be in the public interest actually serve that public interest. Cases examined in detail include the "Isoglucose" cases, Brasserie, Factortame, SchandÖppenstedt, Bergaderm, LandÜtticke, and Eurocoton. The author refers extensively to the ECSC Treaty which, although it expires in July 2002, continues to provide significant authority for the interpretation of Article 288(2)EC.