Sison III: EU non-contractual liability for damages and the so-called smart sanctions

Title:

Sison III: EU non-contractual liability for damages and the so-called smart sanctions

Creator:

Svoboda, Pavel

Identifier:

https://cdk.lib.cas.cz/client/handle/uuid:697ed044-8be1-4307-87cf-a293a365201c
uuid:697ed044-8be1-4307-87cf-a293a365201c

Subject:

EU extra-contractual liabilaty, sufficient seriousness of a breach, smart sanctions, and violation of fundamental rights

Type:

article, model:article, and TEXT

Description:

In its judgment T-341/07 Sison III, the General Court made the conditions of EU non-contractual liability in relation to the so-called smart sanctions even stricter that under ordinary circumstances. It construed the condition of sufficient seriousness of a breach by EU institutions in a way that even in cases with no room for discretion this lability does not occur quasi-automatically but only if the decision-making institution fails to act as “an administrative authority, exercising ordinary care and diligence”: such administration may be– due to the circumstances – even wrong. Thus the General Court indicates that for the EU is not so difficult to admit violation of fundamental rights on the EU side, but the problem is to admit its obligation to pay damages. The article also examines the question whether it is in line with EU constitutional principles to have a different set of conditions for EU a its Member States’ extra-contractual liabilaty and a different set for individuals.

Language:

English

Rights:

http://creativecommons.org/publicdomain/mark/1.0/
policy:public

Source:

The lawyer quarterly: international journal for legal research | 2012 Volume:2 | Number:4

Harvested from:

CDK

Metadata only:

false