Research Handbook on EU Institutional Law
Show Less

Research Handbook on EU Institutional Law

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

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

Kathleen Gutman


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.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.