Member State Liability For Breach Of EU Law Before English Courts

Abstract:

This article discusses the problem of establishing a causal link between breach and damage in cases of Member State liability for breach of EU law before English courts. It tackles the presumption that the condition of direct causal link is left to national courts to determine. The author examines EU legal rules concerning Member State liability andtheir interaction with national law. As an example of a natio nal law, the author examines English law, particularly the rules which are relevant for causation in Member State liability cases. The results show that the Member State liability principle and the conditions established by the Court of Justice of the EU are likely to infl uence the establishment of a causal link before national courts in Member State liability cases.