The Action for Damages in Community Law
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- Author: Ton Heukels
- ISBN: 9789041103703
- Availability: In Stock
Buy The Action for Damages in Community Law | Law Books , A Social Legal Perspective
ABOUT THE BOOK
Since its establishment, the Community legal order has dealt effectively with the need to make compensation to individuals who suffer wrongful acts. The relevant provisions have been gradually elaborated and refined over the years, particularly in the case law of the Court of Justice.
The present book contains papers by some of the most distinguished academics, practitioners and members of the judiciary, who deal with the various aspects of this legal remedy. It provides a comprehensive collection of essays, with topics ranging from the substantive conditions under which non-contractual liability of the Community arises for different kinds of legal acts, to questions of interest in damages and the Community's contractual liability.
Several of the contributions examine important recent developments in Member States' liability for breach of Community law, both before the Court of Justice and in national courts.
Practitioners will appreciate the extensive treatment of the Court's case law, in the context of the broader themes and relationships between Community law, national law and international law.
TABLE OF CONTENTS
| Foreword | |
| Acknowledgments | |
| Summary Table of Contents | |
| List of Abbreviations | |
| The Action for Damages in a Community Law Perspective: Introduction | p. 1 |
| A General Analytical Perspective on Community Liability | p. 11 |
| Issues of Non-contractual Liability under the EAEC Treaty | p. 41 |
| The Non-contractual Liability of the European Coal and Steel Community | p. 71 |
| The Contractual Liability of the European Community Revisited | p. 89 |
| Liability for Administrative Acts under Article 215(2) EC | p. 109 |
| Liability for Legislative Acts under Article 215(2) EC | p. 129 |
| The Valid Legislative Act as a Cause of Liability of the Communities | p. 153 |
| Official Acts of Community Servants and Article 215(4) EC | p. 167 |
| The Concepts of Damage and Causality as Elements of Non-contractual Liability | p. 179 |
| Article 215(2) EC and the Question of Interest | p. 199 |
| Limitation of the Action for Damages against the Community: Considerations and New Developments | p. 217 |
| The Relationship between an Action for Damages and an Action for Annulment: The Return of Plaumann | p. 243 |
| The Relationship between the Action for Damages and the Award of Interim Measures | p. 259 |
| Article 215(2) EC and Local Remedies | p. 273 |
| Joint Liability of the Community and the Member States | p. 285 |
| Treaty Violations and Liability of Member States: The Effect of the Francovich Case Law | p. 311 |
| Is there a Place for Private Law Principles in Community Law? | p. 339 |
| Some Reflections on the European Community's International Responsibility | p. 351 |
| State Liability in Damages for Breach of Community Law in the National Courts | p. 363 |
| Table of Cases | p. 411 |
| Table of Legislation | p. 424 |
| Index | p. 430 |
| Selected Bibliography | p. 441 |
| Table of Contents provided by Blackwell. All Rights Reserved. |