Store Tort Law in the European Union, Second edition
Tort Law in the European Union, Second edition by BRUGGEMEIER

Tort Law in the European Union, Second edition

By Gert Brüggemeier
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Softcover
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Overview

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book approaches the public liability for breach of EU law and the fields of harmonized civil liability law within the EU. Following a general introduction that summarizes the formative process of the EU and describes the judicial system of the EU, this thoroughly revised second edition stresses the bifurcated structure of the Union’s liability under Article 340(2) TFEU: (i) vicarious liability for torts of EU servants and bodies and (ii) breach-of-law liability of EU institutions. It analyses the multifaceted liability of Member States for breach of EU law in great detail. Also covered are general matters such as consequences of liability (damages), burden and standard of proof, autonomy of Member State law and its limits, and consolidation of liability of Union and Member States. Liability of private parties
for breach of EU competition law is subject. The book in this part finally discusses EU liability for lawful acts and its liability as employer for infringements of EU public servants (staff cases).

Consideration of harmonized EU civil liability law has its main focus, as in the previous edition, on products liability, particularly in the field of medical devices, as addressed in recent prominent judgements of the European Court of Justice. Other areas are environmental liability, road traffic and air carriage, nuclear energy, and protection of personal data.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for liability lawyers in the European Union. Academics and researchers will also welcome this innovative and 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.

Publish Date 06/15/2018
Product Line Kluwer Law International
ISBN 9789403500706
SKU 10058734-0002
Table of Contents

The Author

Preface to the Second Edition

Preface to the First Edition and Acknowledgements

Guide for Readers

List of Abbreviations

List of Tables

General Introduction

Book I. Non-contractual Liability of the European Union, Member States and Private Parties

Introduction: Various Types of Responsibility and Responsible Parties under EU Law

Part I. Non-contractual Liability of the European Union (Article 340(2) TFEU)

Chapter 1. Introduction: Two Types of Liability of the European Union: Vicarious Liability for Torts and Liability for Breach of Law

Chapter 2. EU Vicarious Liability: Torts of Staff, Bodies and Institutions (Article 340(2) TFEU)

Chapter 3. ‘Breach-of-Law Liability’ of the European Union (Article 340(2) TFEU)

Chapter 4. Additional Conditions of Liability

Chapter 5. 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 of Liability of Union and Member States 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, 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 VI. Special Cases of Responsibility of the European Union

Chapter 1. Compensation for Damage by Lawful Acts

Chapter 2. Liability of the EU as Public Principal of the Civil Service

Book II. Civil Non-contractual Liability

Chapter 1. Introduction

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 Automobile Traffic, Air Carriage and

Nuclear Energy

Chapter 3. Protection of Personal Data

Part IX. Summary and Commentary

Concluding Remarks

Selected Bibliography

Table of Cases

Table of EU Legislation

Index

Volumes