Marie-Pierre Grange's chapter on "Francovich liability before national courts" published
Marie-Pierre Granger published ‘Francovich liability before national courts: 25 years on, has anything changed?’ in Paula Gilliker (ed) Research Handbook in European Tort Law (Edward Elgar 2017)
Chapter 4, authored by Marie-Pierre Granger, critically analyzes the way domestic courts across the EU apply the EU principle of state liability in cases in which Member States failed to comply with their EU obligations. Based on this, it reflects on the ability of the 'Francovich doctrine' to foster compliance with EU law and effectively protect individuals' rights.
The Research Handbook on EU Tort Law critically examines tort liability arising from EU law. It brings together for the first time different elements of EU tort law to provide a comprehensive overview of the institutional liability of the EU, member state liability and liability arising from a variety of EU legislation. Contributors are experts in their field and range from the UK and Ireland to France, Germany, the Netherlands and Hungary.
The impact of EU tort law on national legal systems is wide-ranging. It extends to areas as diverse as consumer law, competition law, data protection law, employment law, insurance law and financial services law. The Research Handbook provides a detailed analysis of these areas of law and considers the extent to which we can now identify an emerging European culture of tort law. It further analyzes the impact of proposals to harmonise European tort law and considers the impact of Brexit on EU tort law.
The Research Handbook offers an authoritative reference point for academics, students and practitioners studying or working in EU law, private law and comparative law. Comprehensive and informative, it is also accessible for those approaching the subject for the first time.
Contributors include: J. Blackie, J. Davey, M. Faure, P. Giliker, M.-P. Granger, K. Gutman, J. Knetsch, D. Leczykiewicz, M. Martín-Casals, J. Mulder, L. Niglia, O. Odudu, C. Riefa, S. Saintier, A. Sanchez-Graells, K. Stanton, M. Stauch, F. White