Public Liability in EU Law : Brasserie, Bergaderm and Beyond (Hardcover)

1 Introduction I . EU Public Liability Law and its Convergence II . Research Issues III . Structure and Terminology 2 Parameters of Convergence I . Convergence and Divergence in European Public Liability Law II . onvergence Approach and General Methodological Issues III . Criteria for Assessing the Case-law I V. Structural Aspects for Comparing the Main Features of the Two Liability Systems V. Introduction to 'Rights' VI. Introduction to 'Breach' and 'Fault' 3 Contexts of Convergence I . Constitutional Context of EU Public Liability II . Public Liability in National Law III . Other Public Liability Systems I V. Private Liability for Breaches of EU Law V. European Convergence of Private Law Liability VI. European Convergence of Administrative Law 4 Alignment of the Two Liability Systems I . The Liability Systems in their 'Original' Setup II . T he 'New' Bergaderm Conditions III . Arguments Advanced for Convergence of the Two Liability I V. Nature of Convergence of the Two Public Liability Systems 5 Liability of the European Union I . Structural Aspects II . Granting of Rights to Individuals: Liability of the European Union and EU Law Rights Breach of which May Give Rise to Liability III . Sufficiently Serious Breach: Liability of the European Union and Assessment of Seriousness of Breach in Case-law I V. Successful Cases 6 Liability of the Member States I . Structural Aspects II . Granting of Rights to Individuals: Liability of the Member States and EU Law Rights Breach of Which May Give Rise to Liability III . Sufficiently Serious Breach: Liability of the Member States and Assessment of Seriousness of Breach in Case-law I V. Application in Practice and Successful Damages Cases 7 Conclusions I . Main Aspects of the Two Liability Systems II . Convergence Regarding 'Granting of Rights to Individuals' III . Convergence Regarding 'Sufficiently Serious Breach' I V. Essential Findings on Convergence V. Outlook Beyond Convergence