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European Tort Law$
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Cees van Dam

Print publication date: 2013

Print ISBN-13: 9780199672264

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199672264.001.0001

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(p.23) 2 Europe
European Tort Law

Cees Van Dam

Oxford University Press

This chapter analyzes the relevance of the following to tort law: the European Convention on Human Rights (ECHR); case law of the European Court of Human Rights; legislation of the European Union (treaties, regulations, directives); and case law of the European Court of Justice. EU law provides for a number of tort law rules, particularly regarding the liability of the EU institutions and Member States. Directives also deal with tort law issues, for example the Product Liability Directive that imposes on the manufacturer a strict liability for damage caused by a defective product. The ECHR is relevant for tort law in that it requires States to provide an effective remedy against human rights violations, and these remedies can, inter alia, be found in national tort law.

Keywords:   tort law, European Convention on Human Rights, European Court of Human Rights, European Court of Justice, EU law, case law

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