FROM VAN GEND EN LOOS TO MANFREDI: DEVELOPING THE RIGHT TO COMPENSATION AMONG INDIVIDUALS UNDER EU LAW Cover Image

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 Milutinović
Subject(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.

  • Issue Year: 13/2011
  • Issue No: 2-3
  • Page Range: 41-76
  • Page Count: 36
  • Language: English
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