The action for damages against the European Union: the difficult recognition of the EU liability in the recent case law of the Court of Justice

Ranaldi, Valentina and Kostić, Jelena (2024) The action for damages against the European Union: the difficult recognition of the EU liability in the recent case law of the Court of Justice. In: Causation of damage, damage compensation and insurance : Proceedings from XXVII international scientific conference. Institute of Comparative Law, Belgrade; Valjevo, pp. 83-97. ISBN 978-86-82582-21-2

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Abstract

An action for damages against the European Union (EU) may be brought by any person who considers that the EU has incurred non-contractual liability. In particular, the Court of Justice can be directly appealed for the purpose of establishing the EU’s liability and obtaining compensation for damage caused by unlawful acts and conduct committed by the EU Institutions or bodies or by their servants in the performance of their duties. This type of action, as is well known, is not typical only of EU Law, as most legal systems - both of States and International Organizations - provide for the liability of public administrations for damage done to individuals. As for the EU, this set of rules is codified by the Treaties in a few and vague regulatory provisions, that basically refer to the “general principles common to the laws of the Member States” (Article 340, TFEU). Given the significant differences between the national regulatory systems in the EU Member States in this matter, as well as the mentioned haziness and brevity of the normative provisions of the EU Treaties, a central role has been played, over time, by the CJEU. In its even recent jurisprudence, however, a difficult recognition of the EU Liability can be noticed, as will be analysed in this paper.

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