Treating Breaches: The Law’s and the Court’s Answer

Abstract

European legal scholarship has written extensively on the doctrine of state liability for breaches of European law.⁹⁰ Especially after the European Court of Justice’s Francovich decision⁹¹ in 1991, scholarly interest in the field of state liability exploded, making authors start articles “requiring apology for any more”⁹² or title them “Once more unto the Breach”⁹³. This chapter aims at providing an in-depth analysis of the primary legislation as well as of the European Court of Justice’s jurisprudence on the matter of non-contractual liability of Member States.

See for example: Betlem (1996), Dougan (2000), Harlow (1996), Craig (1997), Steiner (1993), Lewis (1996)

European Court of Justice (1991b), joined cases 6/90 and 9/90, Francovich and Bonifaci v. Italy

Harlow (1996)

Craig (1997). The title of the article, Once more unto to Breach refers to a famous Star Trek episode with the same title.