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    Tort law in the European Union / Gert Brüggemeier.

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    • Title:Tort law in the European Union / Gert Brüggemeier.
    •    
    • Author/Creator:Brüggemeier, Gert, 1944- author.
    • Published/Created:Alphen aan den Rijn, The Netherlands : Kluwer Law International B. V., [2018]

    • Holdings

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    • Library of Congress Subjects:Torts--European Union countries.
      Liability (Law)
      Government liability--European Union countries.
    • Edition:Second edition.
    • Description:276 pages ; 25 cm
    • Summary:Derived from the renowned multi-volume 'International Encyclopaedia of Laws', this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the European Union. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person?s most fundamental rights on a worldwide scale.00Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered.
    • Notes:"This book was originally published as a monograph in the International encyclopaedia of laws/Tort law."
      Includes bibliographical references and index.
      Originally published as a monograph in the International encyclopaedia of laws/tort law.
    • ISBN:9403500700 paperback
      9789403500706 paperback
    • Contents:Machine generated contents note: §1. European Union: History And Structure
      I. European Communities
      II. Towards the European Union
      A. Maastricht Treaty
      B. Treaty of Lisbon: 'Constitution Without Constitutional Treaty'
      §2. Judicial System Of The European Union
      I. Court of Justice
      II. Court of Justice of the European Union
      §3. European Courts And National Courts
      I. Institutionalized Cooperation
      II. Jurisdiction in Liability Cases
      A. Union Liability
      B. Civil Liability
      III. Applicable Law in Civil Liability Cases
      Introduction: Various Types of Responsibility and Responsible Parties under EU Law
      Part I. Non-contractual Liability of the European Union (Article 340(2) TFEU)
      ch. 1 Introduction: Two Types of Liability of the European Union: Vicarious Liability for Torts and Liability for Breach of Law
      §1. History Of Article 340(2) TFEU
      §2. Two Variants Of Union Liability
      ch. 2 EU Vicarious Liability: Torts of Staff, Bodies and Institutions (Article 340(2) TFEU)
      §1. Vicarious Liability: EU Staff
      I. Employment
      II. Delict/Tort
      III. Scope of Employment
      IV. Public Servants' Responsibility in Their Own Personal Capacity?
      V. Immunities
      §2. Special Case: EU Ombudsman
      §3. Quasi-Vicarious Liability
      I. EU Executive Officers
      II. EU Bodies: Grifoni 1
      III. EU Institutions: Leussink and Others
      ch. 3 'Breach-of-Law Liability' of the European Union (Article 340(2) TFEU)
      §1. Union Rights
      §2. Protective Rule (Schutznorm)
      §3. Relevant Breach Of Law
      I. Legislative Acts
      A. Schoppenstedt
      B. Bayerische HNL
      C. Post-HNL Phase
      II. Administrative Acts
      III. Consolidated Approach: The Margin-of-Discretion Test-Bergaderm
      IV. High Complexity Test: Decisions under Uncertainty
      V. Summary
      §4. Special Institutions: EU Courts
      ch. 4 Additional Conditions of Liability
      §1. Damage/injury
      §2. Causation
      §3. Fault 84
      I. General Concept of Fault
      II. No-Fault, Institutional Fault, Gross Maladministration
      ch. 5 Burden and Standard of Proof
      §1. Burden Of Proof
      §2. Standard Of Proof
      Part II. Liability of Member States
      ch. 1 Various Types of Member State Liability
      §1. State Liability I: Vertical Direct Eppect Cases
      I. Protective Rule, Direct Effect, Supremacy and Effectiveness
      II. Protective Rule (Schutznorm)
      III. Vertical Direct Effect: van Gend en Loos and Supremacy: Costa v. ENEL
      IV. Equivalence and Effectiveness
      V. Addressees of Vertical Direct Effect or: Who to Sue
      §2. State Liability II: Francovich Doctrine
      I. Francovich and Bonifaci
      II. Consequences
      §3. State Liability III: State Protective Duty
      I. Commission v. France
      II. Schmidberger
      §4. State Liability IV: Judicial Bodies Of Last Instance
      I. Kobler
      II. Traghetti
      §5. State Vicarious Liability: Breach Of EU Law By Public Servants?
      I. Case Scenario of A.G.M.-COS.MET.
      II. Critique of the ECJ Judgment
      ch. 2 Once More on Causation: Brinkmann and Leth
      ch. 3 Procedural Autonomy of Member States Law and Its Limits
      Part III. Consolidation of Liability of Union and Member States for Breach of EU Law
      §1. Legislative Acts: Brasserie Du Pecheur And Factortame III
      §2. Administrative Acts: Hedley Lomas
      §3. Towards Conversion: Bergaderm
      Part IV: Liability of Private Parties for Breach of EU Law
      ch. 1 Various Types of Liability
      §1. Horizontal Direct Effect
      I. Walrave and Koch
      II. Defrenne II
      III. Consequences
      §2. Competition Law: Courage Ltd And Manfredi
      §3. Implied Rights Of Action: Munoz SA
      ch. 2 Fundamental Freedoms Versus Fundamental Rights
      §1. Horizontality
      I. Horizontal Effect of Fundamental Freedoms
      II. Third Party Effect of Fundamental Rights
      §2. Balancing Competing Principles: Fundamental Freedoms Versus Fundamental Rights
      I. Viking
      II. A.G.M.-COS.MET. v. Lehtinen Reloaded
      ch. 3 Horizontal Direct Effect of Directives?
      §1. Marshall (No. 1)
      §2. Marleasing And The Emergence Of Indirect Horizontal Effect
      §3. Mangold And Beyond
      ch. 4 Conditions of Liability, and Competent Jurisdiction
      Part V: Joint Liability and Consequences of Liability
      ch. 1 Joint Liability and Subsidiary Liability
      ch. 2 Consequences of Liability: Damages
      §1. Vicarious Liability For Torts
      I. Personal Injuries
      II. Non-economic Loss
      III. Wrongful Death
      IV. Loss, Destruction and Damage of Things
      §2. Breach-Of-Law Liability
      I. Economic Loss
      II. Perte d'une Chance/Loss of a Chance
      III. Punitive/Exemplary Damages
      §3. Interest
      §4. Limitations Of Damages
      I. Contributory Negligence
      II. Mitigation of Damage
      III. Offsetting of Advantages
      IV. Assumption of Risk
      §5. Prescription/Period Of Limitation
      ch. 3 Summary and Commentary
      §1. Three Heads Of Liability For Breach Of EU Law
      I. Union's Breach-of-Law Liability
      II. Member States' Liability
      III. Private Parties' Liability
      §2. Vicarious Liability Of The Union
      §3. Commentary
      Part VI: Special Cases of Responsibility of the European Union
      ch. 1 Compensation for Damage by Lawful Acts
      §1. History
      §2. Dorsch Consult
      §3. FIAMM
      §4. Post-FIAMM
      ch. 2 Liability of the EU as Public Principal of the Civil Service
      §1. General Rules
      §2. Protected Interests
      ch. 1 Introduction
      Part VII: Liability for Defectiveness
      ch. 1 Product Liability
      §1. History
      §2. Liability Under Directive 85/374/EEC
      I. Maximum Harmonization and Article 13 of the Directive
      II. Conditions of Liability
      A. Damage
      1. Death and Personal Injury
      2. Property
      B. Product
      1. Manufactured: Not Manufactured
      2. Economic Purpose
      3. Professionalism
      4. Additional Characteristics
      C. Defect
      1. 'Product Defects': Uniformity or Diversity?
      a. Design and Instruction Defects
      b. Manufacturing Defects
      c. 'One-Offs' (Ausreisser) Defence
      d. Potential Product Defect
      2. Diversity of Defects and Quasi-Strict Liability
      D. Causation and Proof
      1. General Rules
      2. Presumption of Causation and Defect
      E. Producer
      F. Exclusionary Grounds
      G. Additional Provisions
      §3. Conclusion
      ch. 2 Liability of Service Suppliers
      §1. Draft Service Liability Directive
      §2. Case Law Of The ECJ
      Part VIII: Additional Civil Liability Regimes
      ch. 1 Environmental Liability
      §1. History
      §2. Non-Liability Directive 2004/35/EC
      ch. 2 Liability for Automobile Traffic, Air Carriage and Nuclear Energy
      §1. Automobile Traffic
      §2. International Conventions
      §3. Air Carriage
      I. Air Carriage Conventions
      II. Regulation (EC) No. 889/2002
      §4. Nuclear Energy
      ch. 3 Protection of Personal Data
      §1. Directive 95/46/EC
      §2. New Approach 2016: General Data Protection Regulation (GDPR)
      Part IX: Summary and Commentary
      Concluding Remarks
      Selected Bibliography
      Table of Cases
      Table of EU Legislation.
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