Skip to main content
SpringerLink
Log in
Book cover

The Case of State Liability

20 Years after Francovich

  • Book
  • © 2015

Overview

Authors:
  1. Michael Haba

    1. Wien, Austria

    View author publications

    You can also search for this author in PubMed   Google Scholar

  • Publication in the field of economic sciences
  • Includes supplementary material: sn.pub/extras

Part of the book series: BestMasters (BEST)

  • 7836 Accesses

This is a preview of subscription content, log in via an institution to check access.

Access this book

Log in via an institution
eBook USD 39.99
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 54.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access

Licence this eBook for your library

Institutional subscriptions

Table of contents (8 chapters)

  1. Front Matter

    Pages I-XVII
    Download chapter PDF

  2. Introduction

    • Michael Haba
    Pages 1-5

  3. State Liability in Damages Before Francovich

    • Michael Haba
    Pages 6-21

  4. The Seminal Francovich Judgment on State Liability

    • Michael Haba
    Pages 22-32

  5. Conditions for Implementing State Liability: Brasserie du Pêcheur / Factortame III

    • Michael Haba
    Pages 33-49

  6. Development of Case Law After the Brasserie Judgment

    • Michael Haba
    Pages 50-74

  7. Liability for Judicial Breaches of European Law

    • Michael Haba
    Pages 75-93

  8. Liability of Individuals for Breach of European Law

    • Michael Haba
    Pages 94-105

  9. Conclusion

    • Michael Haba
    Pages 106-111

  10. Back Matter

    Pages 113-141
    Download chapter PDF
Back to top

Keywords

About this book

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.

Authors and Affiliations

  • Wien, Austria

    Michael Haba

About the author

Michael Haba obtained a Master of Arts degree in Business at Management Center Innsbruck, specializing in International Business & Law.

Bibliographic Information

  • Book Title: The Case of State Liability

  • Book Subtitle: 20 Years after Francovich

  • Authors: Michael Haba

  • Series Title: BestMasters

  • DOI: https://doi.org/10.1007/978-3-658-08080-8

  • Publisher: Springer Gabler Wiesbaden

  • eBook Packages: Business and Economics, Economics and Finance (R0)

  • Copyright Information: Springer Fachmedien Wiesbaden 2015

  • Softcover ISBN: 978-3-658-08079-2Published: 02 December 2014

  • eBook ISBN: 978-3-658-08080-8Published: 19 November 2014

  • Series ISSN: 2625-3577

  • Series E-ISSN: 2625-3615

  • Edition Number: 1

  • Number of Pages: XVII, 141

  • Number of Illustrations: 11 b/w illustrations

  • Topics: Law and Economics, European Law

Publish with us

Policies and ethics

Back to top

Search

Navigation