Description
Bloomsbury Publishing PLC Public Liability in EU Law: Brasserie Bergaderm and Beyond by Pekka Aalto
Public law liability for breaches of European Union law has been subject to remarkable developments during the last two decades. This book examines the convergence between its two constituent systems: the damages liability of the EU and of its Member States for breaches of EU law. The focus of the book is on the two liability criteria common to both systems namely the grant of rights to individuals and sufficiently serious breach of EU law. The analysis concentrates on the case law of the ECJ and the General Court since the Bergaderm judgment (2000) which established the idea of convergence between the two systems. The two criteria are then set side by side to evaluate convergence and to uncover elements of mutual influence.The book shows that although full convergence is not likely the case law could and should be used more actively to develop each of the two public liability systems and that convergence of the two liability systems has also had spill-over effects in national public liability law.