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The case of state liability [electronic resource] : 20 years after Francovich

The case of state liability [electronic resource] : 20 years after Francovich

Material type
E-Book(소장)
Personal Author
Haba, Michael.
Title Statement
The case of state liability [electronic resource] : 20 years after Francovich / Michael Haba.
Publication, Distribution, etc
Wiesbaden :   Springer Fachmedien Wiesbaden :   Imprint: Springer Gabler,   2015.  
Physical Medium
1 online resource (xiii, 141 p.) : ill.
Series Statement
BestMasters
ISBN
9783658080808
요약
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 Köbler. 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: Köbler 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.  
General Note
Title from e-Book title page.  
Content Notes
The principle of State Liability: Francovich -- Conditions for Applying State Liability: Brasserie/Factortame III -- Liability for Judicial Breaches of EC Law: Köbler and Traghetti -- Liability of individuals for breaches of EC Law: Courage and Manfredi.
Bibliography, Etc. Note
Includes bibliographical references.
이용가능한 다른형태자료
Issued also as a book.  
Subject Added Entry-Topical Term
Government liability --European Union countries. Law --European Union countries.
Short cut
URL
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006 m d
007 cr
008 200728s2015 gw a ob 000 0 eng d
020 ▼a 9783658080808
040 ▼a 211009 ▼c 211009 ▼d 211009
050 4 ▼a HB73
082 0 4 ▼a 341.26094 ▼2 23
084 ▼a 341.26094 ▼2 DDCK
090 ▼a 341.26094
100 1 ▼a Haba, Michael.
245 1 4 ▼a The case of state liability ▼h [electronic resource] : ▼b 20 years after Francovich / ▼c Michael Haba.
260 ▼a Wiesbaden : ▼b Springer Fachmedien Wiesbaden : ▼b Imprint: Springer Gabler, ▼c 2015.
300 ▼a 1 online resource (xiii, 141 p.) : ▼b ill.
490 1 ▼a BestMasters
500 ▼a Title from e-Book title page.
504 ▼a Includes bibliographical references.
505 0 ▼a The principle of State Liability: Francovich -- Conditions for Applying State Liability: Brasserie/Factortame III -- Liability for Judicial Breaches of EC Law: Köbler 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 Köbler. 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: Köbler 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.  
530 ▼a Issued also as a book.
538 ▼a Mode of access: World Wide Web.
650 0 ▼a Government liability ▼z European Union countries.
650 0 ▼a Law ▼z European Union countries.
830 0 ▼a BestMasters.
856 4 0 ▼u https://oca.korea.ac.kr/link.n2s?url=http://dx.doi.org/10.1007/978-3-658-08080-8
945 ▼a KLPA
991 ▼a E-Book(소장)

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/e-Book Collection/ Call Number CR 341.26094 Accession No. E14028868 Availability Loan can not(reference room) Due Date Make a Reservation Service M

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