Bottom Up or Rock Bottom Harmonization? Francovich State Liability in National Courts

66 Pages Posted: 31 Mar 2015

See all articles by Barend van Leeuwen

Barend van Leeuwen

Durham University

Ronan Condon

European University Institute

Date Written: 2015

Abstract

The Working Paper presents the first results of a research project on the application of Francovich State liability by national courts. The project is supervised by Prof. Hans-W. Micklitz (EUI) and Prof. Takis Tridimas (KCL). Research has been undertaken in ten Member States to identify all cases in which State liability on the basis of the Francovich criteria was claimed in national courts. For each case researchers were asked to complete a case sheet. Finally, they were asked to write a short report with the results for their Member State. The conclusion analyses some of the trends. It is clear that, while national courts have not opposed the application of the conditions for Francovich State liability, they are still struggling to integrate these conditions in their national laws on State liability. The result can only be described as something of a hybrid, which requires further analysis in the future. It is hoped that this Working Paper will provide a sound basis for further research.

Keywords: Francovich; State liability; Hybridisation; Relationship national courts - CJEU

Suggested Citation

van Leeuwen, Barend and Condon, Ronan, Bottom Up or Rock Bottom Harmonization? Francovich State Liability in National Courts (2015). EUI Department of Law Research Paper No. LAW 2015/03, Available at SSRN: https://ssrn.com/abstract=2587676 or http://dx.doi.org/10.2139/ssrn.2587676

Barend Van Leeuwen (Contact Author)

Durham University ( email )

Old Elvet
Mill Hill Lane
Durham, Durham DH1 3HP
United Kingdom

Ronan Condon

European University Institute ( email )

Villa Schifanoia
133 via Bocaccio
Firenze (Florence), Tuscany 50014
Italy

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