The Case of State Liability

Michael Haba

ISBN 10: 3658080795 / ISBN 13: 9783658080792

Published by Springer Gabler Dez 2014, 2014

About this Item

This item is printed on demand - Print on Demand Titel. Neuware -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.Springer-Verlag GmbH, Tiergartenstr. 17, 69121 Heidelberg 160 pp. Englisch.

Seller Inventory # 9783658080792

Bibliographic Details

• Title: The Case of State Liability
• Publisher: Springer Gabler Dez 2014
• Publication Date: 2014
• Language: English
• ISBN 10: 3658080795
• ISBN 13: 9783658080792
• Binding: Taschenbuch
• Condition: Neu
• Dimensions: 210W x 148H x 9D millimeters 210 millimeters width by 148 millimeters height by 9 millimeters depth
• Weight: 216 grams

About this title

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 the Author

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