Sufficiently serious breach of law as a condition of the non-contractual liability of the EU

Abstract

The purpose of this paper is to analyse one condition of non-contractual liability of the EU - sufficiently serious breach of EU law. Method used in this study is analysis which focuses on relevant case law of the Court of Justice of the EU with a special attention paid to Sison III judgement.

Based on the study of the judgements of the Court of Justice of the EU it can be claimed that the interpretation of this particular condition is too strict. In that regard it should be emphasized that right to claim damages is a fundamental right; therefore the Court of Justice of the EU should seek a more balanced approach.

Keywords

• Non-contractual Liability
• Sufficient Seriousness of a Breach
• Violation of Fundamental Rights
• Action for Damages