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European Tort Law$
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Cees van Dam

Print publication date: 2007

Print ISBN-13: 9780199227679

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199227679.001.0001

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(p.15) 2 Europe
European Tort Law

Cees van Dam

Oxford University Press

This chapter deals with Europe and starts with introductions to comparative law and ius commune as well as the European Court of Human Rights and the European Convention on Human Rights. The main part of the chapter is devoted to the tort law of the European Union (EU). It provides a brief overview of the history and judiciary of the EU and then sets out the sources of liability in European Community (EC) law. Firstly, the focus is on relevant EU legislation, such as Article 288 on the liability of EC institutions and the important instrument of the EU Directive. Secondly, the case law of the European Court of Justice, particularly the development of the so-called Francovich case law on the liability of EU Member States and individuals for breach of Community law, is examined.

Keywords:   Europe, tort law, ius commune, comparative law, European Union, European Convention on Human Rights, liability, breach, case law, European Court of Justice

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