Member State Liability claim and English national law

Abstract

This paper researches the problem of establishing causal link in Member State liability cases of EU law before English courts. It tackles the presumption that the condition of direct causal link is left to national courts to determine. The author examines EU legal rules concerning the Member State liability and their interaction with national law. As an example of a national law the author examined English law and particularly the rules which are relevant for causation in Member State liability cases. The results show that the Member State liability principle and the conditions established in the case law of the Court of Justice of the EU influences the establishment of the causal link before national courts in Member State liability cases.

Keywords

• causal link
• member state liability for breaches of eu law
• english law
• court of justice
• national courts