Non-contractual liability

Alexander H. Türk ()

Chapter 13 in Judicial Review in the European Union, 2025, pp 462-528 from Edward Elgar Publishing

Abstract: Actions for damages under Article 340(2) TFEU are subject to less restrictive admissibility and standing requirements compared to direct actions. Acts attributed to a Union institution can be challenged even without causing legal effects. However, private parties are less likely to succeed in such actions due to the high threshold for establishing liability for Union acts, such as demonstrating damage and causation. Moreover, only unlawful acts trigger Union liability, and only if the rule breach, which confers rights on individuals, is sufficiently serious. Furthermore, while the Union's discretion is crucial for determining the existence of a sufficiently serious breach, the Union courts apply the same factors for both discretionary and non-discretionary Union acts, making it more difficult for private parties to succeed. Finaly, Article 50 of Regulation 2016/794 could serve as a model to address the complexities of joint liability claims involving multi-level interactions between Union and national authorities.

Keywords: Article 340(2); TFEU; Liability; Unlawful act; Sufficiently serious breach; Damage; Causation; Institutions; Joint liability; Civil servants (search for similar items in EconPapers)
Date: 2025
ISBN: 9781783478583
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