Table of Contents

Research Handbook on EU Institutional Law

Research Handbook on EU Institutional Law

Research Handbooks in European Law series

Edited by Adam Lazowski and Steven Blockmans

Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.

Chapter 15: Liability for breach of EU law by the Union, Member States and individuals: damages, enforcement and effective judicial protection

Kathleen Gutman

Subjects: law - academic, european law


Liability for breach of EU law by the Union, Member States and individuals is a cornerstone of EU institutional law. Liability for breach of EU law by the Union denotes the action for damages prescribed in Article 268 TFEU and the second paragraph of Article 340 TFEU, which allows parties to bring a case before the Union courts to establish the Union’s non-contractual liability and to obtain compensation for damage caused by unlawful acts or conduct of Union institutions and bodies. Liability for breach of EU law by Member States denotes the principle of State liability proclaimed by the Court of Justice in a long line of case law emanating from the seminal judgments of Francovich, Brasserie and Köbler, which affords protection for individuals against unlawful acts or conduct of national authorities by way of actions for damages adjudicated by the national courts. Liability for breach of EU law by individuals likewise evokes an increasing body of case law of the Court of Justice, starting with Courage and Manfredi, which establishes the right for private parties to bring actions for damages against other private parties (i.e. natural and legal persons) who have infringed directly effective provisions of EU law, so far concerning the EU competition rules.

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