The case of state liability [electronic resource] : 20 years after Francovich / Michael Haba ; with a foreword by Dr. Markus Frischhut.
2015
KJE5786 .H33 2015eb
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Title
The case of state liability [electronic resource] : 20 years after Francovich / Michael Haba ; with a foreword by Dr. Markus Frischhut.
Author
Haba, Michael, author.
ISBN
9783658080808 electronic book
3658080809 electronic book
9783658080792
3658080809 electronic book
9783658080792
Published
Wiesbaden : Springer Gabler, [2015]
Copyright
©2015
Language
English
Description
1 online resource.
Other Standard Identifiers
10.1007/978-3-658-08080-8 doi
Call Number
KJE5786 .H33 2015eb
Dewey Decimal Classification
341.26/094
Summary
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. Contents The principle of State Liability: Francovich Conditions for Applying State Liability: Brasserie/Factortame III Liability for Judicial Breaches of EC Law: Köbler and Traghetti Liability of individuals for breaches of EC Law: Courage and Manfredi Target Groups Students in the field of European Union Law The Author Michael Haba obtained a Master of Arts degree in Business at Management Center Innsbruck, specializing in International Business & Law.
Bibliography, etc. Note
Includes bibliographical references.
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Source of Description
Online resource; title from PDF title page (viewed November 20, 2014).
Series
BestMasters.
Available in Other Form
Print version: 9783658080792
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Table of Contents
The principle of State Liability: Francovich
Conditions for Applying State Liability: Brasserie/Factortame III
Liability for Judicial Breaches of EC Law: Köbler and Traghetti
Liability of individuals for breaches of EC Law: Courage and Manfredi.
Conditions for Applying State Liability: Brasserie/Factortame III
Liability for Judicial Breaches of EC Law: Köbler and Traghetti
Liability of individuals for breaches of EC Law: Courage and Manfredi.