FROM VAN GEND EN LOOS TO MANFREDI: DEVELOPING THE RIGHT TO COMPENSATION AMONG INDIVIDUALS UNDER EU LAW
FROM VAN GEND EN LOOS TO MANFREDI: DEVELOPING THE RIGHT TO COMPENSATION AMONG INDIVIDUALS UNDER EU LAW
Author(s): Veljko MilutinovićSubject(s): Law, Constitution, Jurisprudence, EU-Legislation, Court case
Published by: Удружење за европско право - Центар за право Европске уније
Keywords: European Court of Justice; compensation; damages; EU law; competition; effectiveness
Summary/Abstract: The article analyses the development of a right to compensation operating among individuals under EU law. In particular, the discussion focuses on a series of judgments of the European Court of Justice over a period of four decades, which culminated in the Court's findings in the seminal Courage (2001) and Manfredi (2006) judgments. These judgments show the emanation of a right to damages as a (somewhat) logical 'offshoot' of the more general principle of effectiveness of EU law, with the Court motivated by a willingness to introduce the principle of ubi ius ibi remedium as a rule of the EU's supranational legal order.
Journal: Revija za evropsko pravo
- Issue Year: 13/2011
- Issue No: 2-3
- Page Range: 41-76
- Page Count: 36
- Language: English