Product Line | Kluwer Law International |
|---|---|
Product SKU | 10058734-0002 |
ISBN-13 | 9789403500706 |
Availability | Ships in 3-5 Business Days |
Last Updated | 2018-06-14 |
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.
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
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