國立虎尾科技大學 |

The case of state liability = 20 years after Francovich /

Record Type:	Language materials, printed : Monograph/item
Title/Author:	The case of state liability/ by Michael Haba.
Reminder of title:	20 years after Francovich /
Author:	Haba, Michael.
Published:	Wiesbaden :Springer Fachmedien Wiesbaden : : 2015.,
Description:	xvii, 141 p. :ill., digital ; : 24 cm.;
Contained By:	Springer eBooks
Subject:	Government liability - European Union countries. -
Online resource:	http://dx.doi.org/10.1007/978-3-658-08080-8
ISBN:	9783658080808 (electronic bk.)

The case of state liability = 20 years after Francovich /
Haba, Michael.

The case of state liability20 years after Francovich /[electronic resource] :by Michael Haba. - Wiesbaden :Springer Fachmedien Wiesbaden :2015. - xvii, 141 p. :ill., digital ;24 cm. - BestMasters. - BestMasters..

The principle of State Liability: Francovich -- Conditions for Applying State Liability: Brasserie/Factortame III -- Liability for Judicial Breaches of EC Law: Kobler and Traghetti -- Liability of individuals for breaches of EC Law: Courage and Manfredi.

In light of the 20th anniversary of the ruling in Francovich, Michael Haba analyzes the principle of Member State Liability, which provides a right to damages whenever EU law is breached by Member States. His research ascertains that the doctrine evolved through three stages before becoming the unified approach that it is today. The author emphasizes that the principle’s base lay at the outset of the EEC, when the ECJ sought means to foster the enforcement of EC law. He shows that although State Liability was introduced in Francovich, there was not enough guidance on its application. He highlights that these matters were resolved in Brasserie/Factortame III, which refined the assessment of culpability, but was inconsistent and had to be further clarified in case law. He illustrates that the doctrine was expanded to breaches of EC law by last instance courts in Kobler. Finally, the author examines if breaches of European competition rules could lead to a right to damages under the principle, but concludes that no fourth stage of State Liability can be established. Contents The principle of State Liability: Francovich Conditions for Applying State Liability: Brasserie/Factortame III Liability for Judicial Breaches of EC Law: Kobler and Traghetti Liability of individuals for breaches of EC Law: Courage and Manfredi Target Groups Students in the field of European Union Law The Author Michael Haba obtained a Master of Arts degree in Business at Management Center Innsbruck, specializing in International Business & Law.

ISBN: 9783658080808 (electronic bk.)

Standard No.: 10.1007/978-3-658-08080-8doiSubjects--Corporate Names:

576730
Court of Justice of the European Communities.
Subjects--Topical Terms:

1063712
Government liability
--European Union countries.

LC Class. No.: KJE5786

Dewey Class. No.: 341.26094

The case of state liability = 20 years after Francovich /
LDR:02785nam a2200337 a 4500 001 834861
003 DE-He213
005 20150626131903.0
006 m d
007 cr nn 008maaau
008 160421s2015 gw s 0 eng d
020 $a 9783658080808 (electronic bk.)
020 $a 9783658080792 (paper)
024 7 $a 10.1007/978-3-658-08080-8 $2 doi
035 $a 978-3-658-08080-8
040 $a GP $c GP
041 0 $a eng
050 4 $a KJE5786
072 7 $a LBBM $2 bicssc
072 7 $a LNC $2 bicssc
072 7 $a LAW014000 $2 bisacsh
082 0 4 $a 341.26094 $2 23
090 $a KJE5786 $b .H113 2015
100 1 $a Haba, Michael. $3 1063711
245 1 4 $a The case of state liability $h [electronic resource] : $b 20 years after Francovich / $c by Michael Haba.
260 $a Wiesbaden : $b Springer Fachmedien Wiesbaden : $b Imprint: Springer Gabler, $c 2015.
300 $a xvii, 141 p. : $b ill., digital ; $c 24 cm.
490 1 $a BestMasters
505 0 $a The principle of State Liability: Francovich -- Conditions for Applying State Liability: Brasserie/Factortame III -- Liability for Judicial Breaches of EC Law: Kobler and Traghetti -- Liability of individuals for breaches of EC Law: Courage and Manfredi.
520 $a In light of the 20th anniversary of the ruling in Francovich, Michael Haba analyzes the principle of Member State Liability, which provides a right to damages whenever EU law is breached by Member States. His research ascertains that the doctrine evolved through three stages before becoming the unified approach that it is today. The author emphasizes that the principle’s base lay at the outset of the EEC, when the ECJ sought means to foster the enforcement of EC law. He shows that although State Liability was introduced in Francovich, there was not enough guidance on its application. He highlights that these matters were resolved in Brasserie/Factortame III, which refined the assessment of culpability, but was inconsistent and had to be further clarified in case law. He illustrates that the doctrine was expanded to breaches of EC law by last instance courts in Kobler. Finally, the author examines if breaches of European competition rules could lead to a right to damages under the principle, but concludes that no fourth stage of State Liability can be established. Contents The principle of State Liability: Francovich Conditions for Applying State Liability: Brasserie/Factortame III Liability for Judicial Breaches of EC Law: Kobler and Traghetti Liability of individuals for breaches of EC Law: Courage and Manfredi Target Groups Students in the field of European Union Law The Author Michael Haba obtained a Master of Arts degree in Business at Management Center Innsbruck, specializing in International Business & Law.
610 2 0 $a Court of Justice of the European Communities. $3 576730
650 0 $a Government liability $z European Union countries. $3 1063712
650 0 $a Law $z European Union countries. $3 593337
650 1 4 $a Economics/Management Science. $3 669170
650 2 4 $a Law and Economics. $3 669261
650 2 4 $a European Law. $3 883672
710 2 $a SpringerLink (Online service) $3 593884
773 0 $t Springer eBooks
830 0 $a BestMasters. $3 1021672
856 4 0 $u http://dx.doi.org/10.1007/978-3-658-08080-8
950 $a Behavioral Science (Springer-11640)