State Liability for Breaches of European Law: An economic analysis (Ökonomische Analyse des Rechts)

In the European Union, member states not respecting European Law run the risk of being held liable in damages to citizens. As an alternative to this Francovich liability and on the initiative of the European Commission, the Court of Justice may publicly fine states for breaching European Law according to Art. 228 of the European Community Treaty. Using Law & Economics methods, Bert Van Roosebeke analyses non-contractual state liability in the European Union. He empirically explains differences in member states' breaching behavior and presents the state liability doctrine as developed by the European Cout of Justice in a number of remarkable judgements.