The right to damages in European law

Abstract

I. The Foundations of State Liability in European Law. 1. The Enforcement of EU Rights. 2. Liability before Francovich. 3. The Principle of State Liability. 4. The Clarification of the State Liability Principle in Brasserie du Pecheur/Factortame. 5. A Final Comment on the Foundations of the Principle of State Liability. II. Substantive Elements of State Liability: Conditions of State Liability. 1. Conferral of Individual Rights. 2. Sufficiently Serious Breach. 3. Establishing a 'Sufficiently Serious' Breach. 4. A Final Comment on the Notion of Serious Breach. 5. Causation. 6. State Liability and National Procedural Law. 7. The Universality of Liability Against the State. 8. Procedural Rules Strictu Sensu. III. Non-contractual Liability in Damages: Article 288(2) EC. 1. Exploring Non-contractual Liability. 2. Admissibility under Article 288(2) EC. 3. Substantive Rules under Article 288(2) EC. 4. The Judgment in Bergaderm. 5. Community Liability post-Bergaderm. 6. Liability for Lawful Acts. 7. Causation. 8. Damages. 9. Conclusion. IV. Article 288(2) EC: The Appropriate Forum and Concurrent Liability. 1. The Exhaustion of National Remedies. 2. Restitution. 3. Unlawful Failure to Act. 4. Tort. 5. Ancillary Damage. 6. Failure of Supervision. 7. Member State Recovery. 8. Conclusion.