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Damages Liability of the EU for Harm Caused by Excessive Duration of Court Proceedings

Damages Liability of the EU for Harm Caused by Excessive Duration of Court Proceedings In January 2017, the European Union was ordered to pay damages to two companies because of excessively long court proceedings before the General Court, the first time such an order had been made. At this point, a number of EU Courts’ judgments that address damages liability for excessively long court proceedings can be found. According to the European Court of Justice, a damages claim is an appropriate and effective remedy in a case of a failure to adjudicate within a reasonable time. This contribution systematizes and analyses recent EU level case law regarding the excessive duration of court proceedings with damages as a remedy. A particular emphasis is placed on examining the relevant case law against the backdrop of existing EU damages liability law. We particularly study how the conditions of harm and causation are interpreted and applied in the EU level ‘excessive duration cases’. We discuss and summarize the theoretical and practical implications of the excessive duration liability case law, as well as highlight particularly interesting details from recent judgments. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

Damages Liability of the EU for Harm Caused by Excessive Duration of Court Proceedings

European Public Law , Volume 27 (2): 26 – Jul 1, 2021

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Publisher
Kluwer Law International
Copyright
Copyright © 2021 Kluwer Law International BV, The Netherlands
ISSN
1354-3725
Publisher site
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Abstract

In January 2017, the European Union was ordered to pay damages to two companies because of excessively long court proceedings before the General Court, the first time such an order had been made. At this point, a number of EU Courts’ judgments that address damages liability for excessively long court proceedings can be found. According to the European Court of Justice, a damages claim is an appropriate and effective remedy in a case of a failure to adjudicate within a reasonable time. This contribution systematizes and analyses recent EU level case law regarding the excessive duration of court proceedings with damages as a remedy. A particular emphasis is placed on examining the relevant case law against the backdrop of existing EU damages liability law. We particularly study how the conditions of harm and causation are interpreted and applied in the EU level ‘excessive duration cases’. We discuss and summarize the theoretical and practical implications of the excessive duration liability case law, as well as highlight particularly interesting details from recent judgments.

Journal

European Public LawKluwer Law International

Published: Jul 1, 2021

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