P5; CH4: EU Non-contractual Liability

Question 1

What’s EU non-contractual liability?

Answer 1

The liability that rises when there’s a public law damage to third parties by the institutions/bodies of the Union.

Question 2

What are the conditions for EU non-contractual liability

Answer 2

that the act/omission is attributed to the institution and that infringed Union Law

Question 3

Who’s in charge of hearing EU non-contractual liability questions?

Answer 3

General Court

Question 4

What’s the time limit to act in EU non-contractual liability questions?

Answer 4

5 years

Question 5

Subjective conditions of admissibility regarding EU non-contractual liability

Answer 5

• LOCUS STANDI is granted to individuals who claims to have suffered damages, regardless of nationality
• Defendant can only be an institution or body, not the EU as a whole

Question 6

What if the EU non-contractual liability rises from EU institution personnel activity?

Answer 6

EU institution is liable only if there’s a link between the activity, the exercise of employee’s duties and the damage

Question 7

What if a MS commit damages while following EU instructions?

Answer 7

MS is liable and can only challenge the norm in a second moment.

Question 8

Can there be a shared liability between EU institutions and MS?

Answer 8

Yes, but EU institutions can only be judged by ECJ.

Question 9

Objective conditions of admissibility regarding EU non-contractual liability

Answer 9

• Burden of proof upon the applicant
  a) sufficiently serious breach of union law intended to confer rights on individuals/ discrepancies between act and parameter of legality
  b) actual damage has occurred
  c) a direct casual link breach (a) and damage (b) is established [CAUSATION]
  [There must not have been negligence by the applicant]

Question 10

Monetary Compensation Principle

Answer 10

Not provided for in the Treaties.

BURDEN OF PROOF on the claimant

RIGHT TO COMPENSATION covers financially effective damage, loss of profits and loss of interest (only under certain conditions)

Question 11

Differences between EU non-contractual liability and other direct remedies (Actions for annulment or failure to act)

Answer 11

• Damage has already occurred
• Does not remove effects ex tunc

Question 12

Contractual liability of the Union (2 forms)

Answer 12

art. 340 TFEU:
- Union’s contractual liability
* There must be a contractual relationship relevant to the dispute
* There must be specified what private law governs the relationship

• Liability of staff members vis-a-vis the Union
• Union against its personnel in case of serious misconduct of their duties
  *