The Effectiveness of the Kbler Liability in National Courts

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Over the last 15 years, Kbler liability has resulted in the allocation of damages on only five occasions. Why is that And what are the practical implications of the Kbler judgment in the Member States This book offers a unique analysis of the principle not from the usual EU-focused point of view but from the view of the practical Member State and thus follows the track set by earlier books in the EU Law in the Member States series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Kbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Kbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJs records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Kbler liability in the Member States.

Reviews

This wide-ranging and structured comparative overview on the national case law on Kbler liability should be particularly useful to lawyers and national judges, when addressing damages claims for losses caused by national courts decisions in breach of EU law. -- Marie-Pierre Granger * European Law Review *

Author Bio

Zsfia Varga is Head of Knowledge Management at Loyens & Loeff Avocats, Luxembourg.