The Concept of Member State Liability for Violation of Community Law and Its Sbortcomings An Analysis of the Case Law of the European Court of Justice on this Matter

The Concept of Member State Liability for Violation of Community Law and Its Sbortcomings An... & Part I. Introductory Remarks When the European Court of Justice found the principle of direct applicability of directives in case of inadequate (belated or defective) implementation on the part of a Member State' insufficient to permit the market citizen (a private law subject) to fully enjoy his right under Community law, the Court ruled that the market citizen could bring instead, against the Member State, an action for damages before a court or tribunal of the Member State having jurisdiction over the subject matter This rule was afterwards explained to extend not only to cases regarding inadequately implemented directives, but to be applicable in all cases of violation of Community law by the Member States resulting in damages to private parties.3 3This position taken by the European Court of Justice was understand- ably not welcomed by the Member States of the European Community. The Court, on its part, took the opportunity to explain that it had only been the need to see to it that Community law was observed by the Member States that had prompted it to recognize the right, for the market citizen, to claim damages in case Community law had not been correctly implemented or http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Austrian Review of International and European Law Online Brill

The Concept of Member State Liability for Violation of Community Law and Its Sbortcomings An Analysis of the Case Law of the European Court of Justice on this Matter

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Publisher
Martinus Nijhoff
Copyright
Copyright 1999 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1385-1306
eISSN
1573-6512
D.O.I.
10.1163/157365198X00032
Publisher site
See Article on Publisher Site

Abstract

& Part I. Introductory Remarks When the European Court of Justice found the principle of direct applicability of directives in case of inadequate (belated or defective) implementation on the part of a Member State' insufficient to permit the market citizen (a private law subject) to fully enjoy his right under Community law, the Court ruled that the market citizen could bring instead, against the Member State, an action for damages before a court or tribunal of the Member State having jurisdiction over the subject matter This rule was afterwards explained to extend not only to cases regarding inadequately implemented directives, but to be applicable in all cases of violation of Community law by the Member States resulting in damages to private parties.3 3This position taken by the European Court of Justice was understand- ably not welcomed by the Member States of the European Community. The Court, on its part, took the opportunity to explain that it had only been the need to see to it that Community law was observed by the Member States that had prompted it to recognize the right, for the market citizen, to claim damages in case Community law had not been correctly implemented or

Journal

Austrian Review of International and European Law OnlineBrill

Published: Jan 1, 1998

Keywords: Keywords : European Communities, European Court of Justice, justification of breach of Community law - grounds for excuse for breach of Community law - grounds for, Member State liability - fundamental principles of, mistake of law, State responsibility, violation of international and Community law

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