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The Action for Damages in Community Law : International Studies in Human Rights - Ton Heukels

The Action for Damages in Community Law

International Studies in Human Rights

By: Ton Heukels (Editor), Alison McDonnell (Editor)

Hardcover Published: February 1997
ISBN: 9789041103703
Number Of Pages: 476

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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.

Summary Table of Contents
List of Abbreviations
The Action for Damages in a Community Law Perspective: Introductionp. 1
A General Analytical Perspective on Community Liabilityp. 11
Issues of Non-contractual Liability under the EAEC Treatyp. 41
The Non-contractual Liability of the European Coal and Steel Communityp. 71
The Contractual Liability of the European Community Revisitedp. 89
Liability for Administrative Acts under Article 215(2) ECp. 109
Liability for Legislative Acts under Article 215(2) ECp. 129
The Valid Legislative Act as a Cause of Liability of the Communitiesp. 153
Official Acts of Community Servants and Article 215(4) ECp. 167
The Concepts of Damage and Causality as Elements of Non-contractual Liabilityp. 179
Article 215(2) EC and the Question of Interestp. 199
Limitation of the Action for Damages against the Community: Considerations and New Developmentsp. 217
The Relationship between an Action for Damages and an Action for Annulment: The Return of Plaumannp. 243
The Relationship between the Action for Damages and the Award of Interim Measuresp. 259
Article 215(2) EC and Local Remediesp. 273
Joint Liability of the Community and the Member Statesp. 285
Treaty Violations and Liability of Member States: The Effect of the Francovich Case Lawp. 311
Is there a Place for Private Law Principles in Community Law?p. 339
Some Reflections on the European Community's International Responsibilityp. 351
State Liability in Damages for Breach of Community Law in the National Courtsp. 363
Table of Casesp. 411
Table of Legislationp. 424
Indexp. 430
Selected Bibliographyp. 441
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9789041103703
ISBN-10: 9041103708
Series: International Studies in Human Rights
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 476
Published: February 1997
Country of Publication: NL
Dimensions (cm): 23.39 x 15.6  x 2.69
Weight (kg): 0.84