Cees Van Dam
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199672264
- eISBN:
- 9780191751288
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199672264.003.0009
- Subject:
- Law, Law of Obligations, EU Law
This chapter discusses the rules governing liability for damage caused by the violation of a statutory rule. It examines the national rules in England, Germany, and France. The first requirement of ...
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This chapter discusses the rules governing liability for damage caused by the violation of a statutory rule. It examines the national rules in England, Germany, and France. The first requirement of liability for breach of EU law — the conferment of rights on individuals — is described and illustrated with the Peter Paul case. The chapter also provides some comparative observations, first, between the EU requirement of conferment of rights and the English requirement of a private right of action; second, between the requirement of the scope of the statutory rule and the causation requirement. Finally, the question of whether breach of statutory duty is strict or fault liability is addressed.Less
This chapter discusses the rules governing liability for damage caused by the violation of a statutory rule. It examines the national rules in England, Germany, and France. The first requirement of liability for breach of EU law — the conferment of rights on individuals — is described and illustrated with the Peter Paul case. The chapter also provides some comparative observations, first, between the EU requirement of conferment of rights and the English requirement of a private right of action; second, between the requirement of the scope of the statutory rule and the causation requirement. Finally, the question of whether breach of statutory duty is strict or fault liability is addressed.
