The Concept Of Damage As An Element Of The Non Contractual Liability Of The European Community

States by Peter Oliver.

In European law, "non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. The law of non-contractual liability arising out of damage caused to another - in the common law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict - is the area of law which determines whether one who has suffered a damage, can on that account demand reparation - in money or in kind - from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this book presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but also provides a fairly detailed indication of the present legal situation in the Member States.

Examining EC provisions for dealing effectively with the need to compensate individuals for wrongful acts, this volume covers topics ranging from non-contractual liability of the Community for different kinds of legal act, to questions of damages and the Community's contractual liability.

This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.

Fully revised and updated, the third edition of EU Law provides an exhaustive, yet easily readable, account of the complex and ever changing subject of EU law. The author gives thorough, authoritative, and up-to-the-minute treatment to the institutional, constitutional and substantive elements of EU Law. The book is unique in that it successfully combines depth of coverage with an excellent selection of supporting case law, making this challenging subject accessible and easy to follow. Case summaries and judgments are highlighted in colour-tinted boxes for ease of reference, and are accompanied by key facts and analysis, often in the light of subsequent developments. The student-friendly approach is enhanced by market-driven pedagogical features, including: - Concise outlines, at the beginning of each chapter describing its content; - An aide-mémoire, often presented in diagrammatic form, at the end of each chapter to highlight and reinforce key points; - End of chapter recommended reading lists to facilitate further research; - End of chapter problem and essay questions testing the students' ability to apply what they have learnt; and, - A map identifying EU Member States, and their accession dates; acceding States; candidate States; and, potential candidate States. The book's companion website offers a range of teaching and learning resources including an interactive timeline of the EU, useful web links, self-test questions and much more. This book is essential reading for those studying EU law on both undergraduate and postgraduate courses and will be of interest to students of political science, social science and business studies. It also provides comprehensive coverage of substantive and procedural EU competition law and thus has its place as a textbook for introductory courses on EU competition law.

'Pure economic loss' - the name points to the fundamental principle of the concept: loss that is only economic in nature and in no way connected to underlying property or physical damage. However, such a clear name obscures the variety of ways this concept is dealt with by the Member States of the European Union. In fact, it is only a minority of legal systems that define this concept at all. The majority does not recognize this category of damage under any name, let alone as an autonomous concept. Yet, pure economic loss holds an important place in tort law and is approached with trepidation by many policy-minded judges all over the EU. It is important for European lawyers to fully understand what pure economic loss is, how it is viewed in different countries, and to understand the implications of European Union law on recovery of pure economic loss. This paper will first address the ways in which one can study a topic approached in such diverse ways throughout the Union. Second it will explain how one can conceptualize this topic in a way that does justice to the EU Member States' perceptions thereof. Finally, it will touch upon how pure economic loss can be understood within the context of developing European Union law for non-contractual liability of institutions, Member States, and individuals. The conclusion will set out the implications these observations have for the future of pure economic loss recoverability in the EU.

It is the provocative thesis of this book that the Commission’s struggle for a more ‘effective’ system of private enforcement has gone from being a mere enhancement of a single EU policy (competition) to slowly but surely fuelling a paradigm shift in EU law.

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 Pêcheur 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 Pêcheur 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.