Research Handbook on EU Tort Law
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Research Handbook on EU Tort Law

Edited by Paula Giliker

The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.
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Chapter 4: Francovich liability before national courts: 25 years on, has anything changed?

Marie-Pierre F. Granger

Abstract

This chapter examines the application by national courts of the Francovich doctrine of state liability for breach of European Union (EU) law. After a review of the existing literature, it analyses a selection of reported decisions from all member states of the European Union addressing EU law based liability claims decided over the last decade. The analysis suggests that the principle is generally well accepted, even in relation to damages caused by legislative and judicial acts, or regulatory or supervisory failure, which are in breach of EU law, and that it has found its place alongside, or within, national tort regimes. Still, as national courts apply EU conditions restrictively, and impose various additional substantive or procedural requirements, Francovich claims rarely lead to actual compensation, thus casting doubt about its contribution to the enforcement of EU law and the effective protection of individuals’ rights.

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