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The case of state liability = 20 yea...

Haba, Michael.

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The case of state liability = 20 years after Francovich /

Record Type:	Electronic resources : Monograph/item
Title/Author:	The case of state liability/ by Michael Haba.
Reminder of title:	20 years after Francovich /
Author:	Haba, Michael.
Published:	Wiesbaden :Springer Fachmedien Wiesbaden : : 2015.,
Description:	xvii, 141 p. :ill., digital ;24 cm.
[NT 15003449]:	The principle of State Liability: Francovich -- Conditions for Applying State Liability: Brasserie/Factortame III -- Liability for Judicial Breaches of EC Law: Kobler and Traghetti -- Liability of individuals for breaches of EC Law: Courage and Manfredi.
Contained By:	Springer eBooks
Subject:	Government liability - European Union countries. -
Online resource:	http://dx.doi.org/10.1007/978-3-658-08080-8
ISBN:	9783658080808 (electronic bk.)

The case of state liability = 20 years after Francovich /
Haba, Michael.

The case of state liability20 years after Francovich /[electronic resource] :by Michael Haba. - Wiesbaden :Springer Fachmedien Wiesbaden :2015. - xvii, 141 p. :ill., digital ;24 cm. - BestMasters. - BestMasters..

The principle of State Liability: Francovich -- Conditions for Applying State Liability: Brasserie/Factortame III -- Liability for Judicial Breaches of EC Law: Kobler and Traghetti -- Liability of individuals for breaches of EC Law: Courage and Manfredi.

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 Kobler. 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: Kobler 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.

ISBN: 9783658080808 (electronic bk.)

Standard No.: 10.1007/978-3-658-08080-8doiSubjects--Corporate Names:

884077
Court of Justice of the European Communities.
Subjects--Topical Terms:

2131468
Government liability
--European Union countries.

LC Class. No.: KJE5786

Dewey Class. No.: 341.26094

The case of state liability = 20 years after Francovich /
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505 0 $a The principle of State Liability: Francovich -- Conditions for Applying State Liability: Brasserie/Factortame III -- Liability for Judicial Breaches of EC Law: Kobler and Traghetti -- Liability of individuals for breaches of EC Law: Courage and Manfredi.
520 $a 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 Kobler. 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: Kobler 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.
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