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The Effectiveness of the Köbler Liability in National Courts: EU Law in the Member States

Autor Zsófia Varga
en Limba Engleză Paperback – 15 iun 2022
Over the last 15 years, Köbler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Köbler judgment in the Member States? This book offers a unique analysis of the principle - not from the usual EU-focused point of view but from the view of the practical Member State - and thus follows the track set by earlier books in the 'EU Law in the Member States' series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Köbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Köbler liability in the Member States.
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Specificații

ISBN-13: 9781509944637
ISBN-10: 150994463X
Pagini: 312
Dimensiuni: 156 x 234 mm
Greutate: 0.44 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria EU Law in the Member States

Locul publicării:London, United Kingdom

Caracteristici

Gives new dimension to understanding of state liability in the EU after Köbler

Notă biografică

Zsófia Varga is Head of Knowledge Management at Loyens & Loeff Avocats, Luxembourg.

Cuprins

Summary of Contents1. Introduction I. Theoretical Background II. National Courts and Remedial Competence III. ECJ Case-Law on State Liability for Breach of EU Law by Courts A. The Kobler Case B. The Traghetti del Mediterraneo Case C. The Ferreira da Silva e Brito e.a. Case D. The Tomasova Case 2. Conclusions from the Past I. Difficulties Hindering the Application of the Kobler Principle II. Problems Inherent to the Principle A. Criterion of the Manifestly Serious Breach B. Difficulties in Establishing Causality III. National Legislative Restrictions and Recognition of the Principle by National Courts A. Overview of the National Legislative Restrictions B. National Case-Law C. Consequences of the Kobler Judgment on National Rules IV. Alternative Remedies in Use in the Member States A. Retrial on the Ground of Violation of EU Law B. Constitutional Complaint on the Ground of Infringement of the Lawful Judge Principle C. Special Remedies D. Conclusion on Alternative Remedies V. Conclusions on the History of the Kobler Liability 3. Perspectives for the Future I. Adequate Liability Standard Instead of Manifest Infringement II. Effective Remedial System Instead of Effective Remedies A. Foundations of the State Liability Principle B. Effectiveness and Effective Judicial Protection C. ECJ Case-Law on Alternative Remedies D. Doctrinal Views on Alternative Remedies E. ECtHR Case-Law on Effective Judicial Protection F. Conclusion on the Effective Remedial System III. Violation of the Referral Duty as a Separate Ground for Liability A. ECJ Case-Law and the DoctrineB. Analysis IV. Damages Liability on the Grounds of Violation of the Charter A. Referral Duty and the Charter B. Undue Delay in Proceedings C. Conclusion on Liability for Violation of the Referral Duty and of the Charter 4. Findings I. Conclusions from the Past A. Genuine Life of Kobler Doctrine Before National Courts B. Impact and Importance of the Kobler Principle C. Other Means of Remedies in Use II. Perspectives for the Future A. Harmonisation of National Remedies at EU Level B. Effective Judicial Protection in the Event of Violation of EU law by Member State Courts C. Violation of the Duty to Refer a Preliminary Question to the ECJ as a Ground for a Liability Claim

Recenzii

This wide-ranging and structured comparative overview on the national case law on Köbler liability should be particularly useful to lawyers and national judges, when addressing damages claims for losses caused by national courts' decisions in breach of EU law.