Hostname: page-component-586b7cd67f-t7czq Total loading time: 0 Render date: 2024-11-26T18:17:17.375Z Has data issue: false hasContentIssue false

Brasserie du Pêcheur SA v. Federal Republic of Germany

Court of Justice of the European Communities.  05 March 1996 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

State responsibility — Breach of treaty obligations — Breach of European Community law for which Member State responsible — Principle of State liability for damage caused to individuals — Whether inherent in treaty system — Whether applicable even where provision of European Community law breached is directly effective and can be relied upon by individuals before national courts — Whether applicable where breach attributable to national legislature — Whether State regarded as single entity in respect of liability for breaches of international commitments irrespective of organ responsible

Treaties — Interpretation — EC Treaty — Role of Court of Justice of European Community under Article 164 of Treaty — Interpretation by reference to fundamental principles of Community legal system and general principles common to legal systems of Member States — Principle of State liability for breaches of Community law — Whether inherent in treaty system — Reference to Article 215 of Treaty concerning non-contractual liability of Community institutions — Whether evidence of general principle that public authorities should make good damage caused in performance of their duties

State responsibility — Breach of treaty obligations — Breach of Community law for which Member State responsible — Conditions for State liability — Whether governed by Community law or national law — Whether conditions in principle the same whether Member State or Community institution incurring liability — Requirement that breach of Community law be sufficiently serious — Test of whether Member State or Community institution has manifestly and gravely disregarded the limits of its discretion — Whether any requirement to prove fault — Scope of applicability of national rules on liability — Requirement that conditions should be no less favourable than those applicable to similar domestic claims

Damages — Grounds for awarding damages — Breaches of Community law for which Member State responsible — Loss suffered by individuals — Scope of right to reparation under Community law — Community rules governing claims brought before national courts against Member States — Requirement that reparation must be commensurate with loss or damage sustained — Requirement that loss of profits must be claimable — Requirement that exemplary or other special damages must be available if such damages could be awarded under domestic law — Requirement that reparation should also cover loss sustained prior to court judgment finding infringement of Community law

International organizations — European Community — Liability of Member States for breaches of treaty obligations causing loss to individuals — Breach attributable to national legislature — Whether claims can be brought by individuals before national courts — Conditions for liability — Scope of right to reparation — The law of the European Community

Type
Case Report
Copyright
© Cambridge University Press 1998

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)