Condiţiile angajării răspunderii civile a statului pentru prejudiciul cauzat prin încălcarea dreptului european, ce decurge dintr-o hotărâre a unei instanţe de ultim grad

Conditions for state civil liability for damage caused by the violation of European law arising from a judgment of a court of last instance

Abstract

According to the Court of Justice of the European Union case law (particularly, case C-224/01 Kobler and case C-173/03 Traghetti del Mediterraneo SpA), when the violation of European law arises from a judgment of a court of last instance, state liability for damage caused to individuals may be engaged if the breached legal norm confers rights to individuals, if the breach is sufficiently serious, and if there is a direct causal link between the breach of the state's obligation and the damage suffered. Compensation for damage cannot be conditional upon the existence of any form of fault on the part of the court to which the breach is attributable, as imposing such a condition...