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The changes in liability of EU institutions : Bergaderm, FIAMM and Schneider
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Wakefield, Jill (2012) The changes in liability of EU institutions : Bergaderm, FIAMM and Schneider. ERA Forum, Vol.2 (No.4). pp. 625-639. doi:10.1007/s12027-011-0237-5 ISSN 1612-3093.
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Official URL: http://dx.doi.org/10.1007/s12027-011-0237-5
Abstract
The non-contractual liability of the EU is engaged when the infringement of law causing damage is sufficiently serious. In recent years, the discussion of responsibility has focused on the degree of discretion available to the relevant institution but it is the obligation to which the institution is subject that is key. The EU regulator’s primary obligation is to achieve the objectives of the Treaty, while the administrator must apply procedural rules in accordance with best practice. Where damage is occasioned, the conduct of the claimant and the risk to which the claimant volunteered will be taken into account.
Item Type: | Journal Article | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Journal or Publication Title: | ERA Forum | ||||
Publisher: | Springer | ||||
ISSN: | 1612-3093 | ||||
Official Date: | 2012 | ||||
Dates: |
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Volume: | Vol.2 | ||||
Number: | No.4 | ||||
Page Range: | pp. 625-639 | ||||
DOI: | 10.1007/s12027-011-0237-5 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published |
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