This chapter examines action for damages related to European Union liability in tort. It discusses the scope of non-contractual liability and liability for wrongful acts or omissions and for lawful acts under Article 268 of the Treaty on the Functioning of the European Union (TFEU), and highlights the restrictive rules in relation to damage and causation. The chapter also considers the provisions of Article 340(2) TFEU for making claims, and highlights the need for European Courts to balance the conflicting interests of permitting flexibility in decision-making and protecting individuals who may suffer as a result of such action.
Keywords: liability in tort; European Union; damages; non-contractual liability; wrongful act; lawful act; causation; Article 340(2) TFEU; General Court
Chapter. 10434 words.
Subjects: EU Law
Full text: subscription required