40% off Popular Science books & eBooks—Save on general interest titles now!

BestMasters

The Case of State Liability

20 Years after Francovich

Authors: Haba, Michael

Free Preview
  • Publication in the field of economic sciences

Buy this book

eBook $59.99
price for USA in USD
  • ISBN 978-3-658-08080-8
  • Digitally watermarked, DRM-free
  • Included format: PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Softcover $79.99
price for USA in USD
  • ISBN 978-3-658-08079-2
  • Free shipping for individuals worldwide
  • Institutional customers should get in touch with their account manager
  • Covid-19 shipping restrictions
  • Usually ready to be dispatched within 3 to 5 business days, if in stock
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.

About the authors

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

Table of contents (8 chapters)

Table of contents (8 chapters)

Buy this book

eBook $59.99
price for USA in USD
  • ISBN 978-3-658-08080-8
  • Digitally watermarked, DRM-free
  • Included format: PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Softcover $79.99
price for USA in USD
  • ISBN 978-3-658-08079-2
  • Free shipping for individuals worldwide
  • Institutional customers should get in touch with their account manager
  • Covid-19 shipping restrictions
  • Usually ready to be dispatched within 3 to 5 business days, if in stock
Loading...

Recommended for you

Loading...

Bibliographic Information

Bibliographic Information
Book Title
The Case of State Liability
Book Subtitle
20 Years after Francovich
Authors
Series Title
BestMasters
Copyright
2015
Publisher
Gabler Verlag
Copyright Holder
Springer Fachmedien Wiesbaden
eBook ISBN
978-3-658-08080-8
DOI
10.1007/978-3-658-08080-8
Softcover ISBN
978-3-658-08079-2
Series ISSN
2625-3577
Edition Number
1
Number of Pages
XVII, 141
Number of Illustrations
11 b/w illustrations
Topics