Public Liability in Eu Law: Brasserie, Bergaderm and Beyond
Pekka Aalto - Hart Publishing, 2011
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"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 Pãecheur 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 Pãecheur 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"--Provided by publisher
