LEADER 03588nam 22006015 450 001 9910298471503321 005 20230810213500.0 010 $a3-658-08080-9 024 7 $a10.1007/978-3-658-08080-8 035 $a(CKB)3710000000291450 035 $a(EBL)1967501 035 $a(OCoLC)908087229 035 $a(SSID)ssj0001385777 035 $a(PQKBManifestationID)11752086 035 $a(PQKBTitleCode)TC0001385777 035 $a(PQKBWorkID)11349919 035 $a(PQKB)11629216 035 $a(DE-He213)978-3-658-08080-8 035 $a(MiAaPQ)EBC1967501 035 $a(PPN)183093607 035 $a(EXLCZ)993710000000291450 100 $a20141118d2015 u| 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 14$aThe Case of State Liability $e20 Years after Francovich /$fby Michael Haba 205 $a1st ed. 2015. 210 1$aWiesbaden :$cSpringer Fachmedien Wiesbaden :$cImprint: Springer Gabler,$d2015. 215 $a1 online resource (154 p.) 225 1 $aBestMasters,$x2625-3615 300 $aDescription based upon print version of record. 311 $a3-658-08079-5 320 $aIncludes bibliographical references. 327 $aThe 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. 330 $aIn light of the 20th anniversary of the ruling in Francovich, Michael Haba analyzes the principle of Member State Liability, which provides a right to damages whenever EU law is breached by Member States. His research ascertains that the doctrine evolved through three stages before becoming the unified approach that it is today. The author emphasizes that the principle?s base lay at the outset of the EEC, when the ECJ sought means to foster the enforcement of EC law. He shows that although State Liability was introduced in Francovich, there was not enough guidance on its application. He highlights that these matters were resolved in Brasserie/Factortame III, which refined the assessment of culpability, but was inconsistent and had to be further clarified in case law. He illustrates that the doctrine was expanded to breaches of EC law by last instance courts in Köbler. Finally, the author examines if breaches of European competition rules could lead to a right to damages under the principle, but concludes that no fourth stage of State Liability can be established. Contents The principle of State Liability: Francovich Conditions for Applying State Liability: Brasserie/Factortame III Liability for Judicial Breaches of EC Law: Köbler and Traghetti  Liability of individuals for breaches of EC Law: Courage and Manfredi Target Groups Students in the field of European Union Law The Author Michael Haba obtained a Master of Arts degree in Business at Management Center Innsbruck, specializing in International Business & Law.  . 410 0$aBestMasters,$x2625-3615 606 $aLaw and economics 606 $aLaw$zEurope 606 $aLaw and Economics 606 $aEuropean Law 615 0$aLaw and economics. 615 0$aLaw 615 14$aLaw and Economics. 615 24$aEuropean Law. 676 $a330 676 $a341.2422 700 $aHaba$b Michael$4aut$4http://id.loc.gov/vocabulary/relators/aut$01063541 906 $aBOOK 912 $a9910298471503321 996 $aThe Case of State Liability$92532932 997 $aUNINA