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Tort Law in the European Union

Tort Law in the European Union

  • 作者:
  • 出版商: Kluwer Law International
  • ISBN: 9789041160720
  • 出版时间 June 2015
  • 规格: Paperback
  • 适应领域: Netherlands ? 免责申明:
    Countri(es) stated herein are used as reference only
New Edition is available now !
  • 描述 
  • 大纲 
  • 详细

    Derived from the renowned multi-volume International Encyclopedia of Laws, this book provides ready access to loss compensation under (primary and secondary) European Union Law. This important branch of law tackles questions which today concern private and public lawyers throughout Europe and beyond.

    Following a general introduction into the structure and institutions of the European Union, the monograph develops in its first part the law of liability for breach of EU law. This addresses primarily the non-contractual liability of the Union and its institutional organs under Art. 340(2) TFEU. Breach of law liability of the Union means responsibility for unlawful public acts without fault by EU legislature, EU executive, and, in principle, EU judiciary. Next to Union liability the monograph covers liability of Member States for breach of EU law in its variants developed by the ECJ. Finally the complex field of liability of private parties for breach of EU law is addressed. The applicability of general principles of the law of damages – causation, proof, limitation, prescription – is considered. The second part deals with the law of harmonized civil liability, focusing on EU product liability as its centerpiece.

    Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in the European Union. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

  • The Author
    Preface and Acknowledgments
    Guide for Readers
    List of Abbreviations
    General Introduction

    Part I. Non-contractual Liability of the European Union
    Chapter 1. ‘Vicarious Liability’: Torts of EU Staff, Bodies and Institutions (Article 340(2) TFEU)
    Chapter 2. ‘Breach-of-Law Liability’ of the European Union (Article 340(2) TFEU)
    Chapter 3. Additional Conditions of Liability
    Chapter 4. Burden and Standard of Proof

    Part II. Liability of Member States
    Chapter 1. Various Types of Member State Liability
    Chapter 2. Once More on Causation: Brinkmann and Leth
    Chapter 3. Procedural Autonomy of Member States Law and Its Limits

    Part III. Consolidation: Liability of Public Authorities for Breach of EU Law

    Part IV. Liability of Private Parties for Breach of EU Law
    Chapter 1. Various Types of Liability
    Chapter 2. Fundamental Freedoms versus Fundamental Rights
    Chapter 3. Horizontal Direct Effect of Directives?
    Chapter 4. Conditions of Liability, ‘Hybridization Approach’ and Competent Jurisdiction

    Part V. Joint Liability and Consequences of Liability
    Chapter 1. Joint Liability and Subsidiary Liability
    Chapter 2. Consequences of Liability: Damages
    Chapter 3. Summary and Commentary

    Part VII. Liability for Defectiveness
    Chapter 1. Product Liability
    Chapter 2. Liability of Service Suppliers

    Part VIII. Additional Civil Liability Regimes
    Chapter 1. Environmental Liability
    Chapter 2. Liability for Traffic and Carriage
    Chapter 3. Protection of Personal Data

    Part IX. Summary and Commentary
    Concluding Remarks

    Selected Bibliography
    Table of Cases
    Table of EU Legislation
    Index

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