The Seminal Francovich Judgment on State Liability
The case of Francovich arose from the fact that Italy had been in breach of its Community obligation to implement Directive 80/987, which unified domestic provisions pertaining to the protection of employees in the event that their employers went bankrupt
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Michael Haba
The Case of State Liability 20 Years after Francovich With a foreword by Dr. Markus Frischhut
Michael Haba Vienna, Austria
BestMasters ISBN 978-3-658-08079-2 ISBN 978-3-658-08080-8 (eBook) DOI 10.1007/978-3-658-08080-8 Library of Congress Control Number: 2014955149 Springer Gabler © Springer Fachmedien Wiesbaden 2015 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, speci¿cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on micro¿lms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a speci¿c statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper Springer Gabler is a brand of Springer Fachmedien Wiesbaden Springer Fachmedien Wiesbaden is part of Springer Science+Business Media (www.springer.com)
Foreword
Over the years, the European Court of Justice (ECJ) has developed several seminal principles of the law of the European Union (EU), amongst others the principle of State Liability. The practical relevance of “a new legal order of international law” very much depends on two questions: First, if rights are directly attributable to individuals (this includes citizens as well as companies), and second, if breaches of EU law are efficaciously sanctioned. In many cases, EU law is not applied by the EU itself, but by single Member States, which from time to time find themselves between a rock and a hard place when they have to decide between complying with the duty of loyal cooperation and enforcing their own national interests. A good exemplification of the fact is this principle of State Liability, a liability for loss and damage caused to individuals as a result of breaches of European Union law for which the State can be held responsible. Now, ne
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