European Business Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Abolition of restrictions on free movement
Chapter 1: Precedence of EU law
Section 1: Conditions of the direct effect
Section 2: Scope of application
I: Claim before national courts
II: Duty to interpret the directive in conformity with EU law
III: Inapplicability of contrary national rules
IV: Substitution of EU law for national law
VI: Rules safeguarding the rights of individuals
Title 2: Directives
Title 3: Regulations
187. Liability of the Member State
1 minute de lecture
The possibility for individuals or undertakings that are the victims of a breach of European law, to bring a liability action against the Member State in order to obtain compensation for the damage suffered, was admitted for the first time by the Court of Justice in the Francovich judgment . According to the European court, the full effectiveness of European rules would be impaired and the protect …
