Store International Tort Law in the European Union
Tort Law in the European Union

Tort Law in the European Union

By Gert Brüggemeier


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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.

Publish Date 06/15/2015
Product Line Kluwer Law International
ISBN 9789041160720
SKU 10058734-0001
Table of Contents

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