Wolters Kluwer Tort Law in the European Union

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book approaches the public liability for breach of EU law and the fields of harmonized civil liability law within the EU. Following a general introduction that summarizes the formative process of the EU and describes the judicial system of the EU, this thoroughly revised second edition stresses the bifurcated structure of the Union’s liability under Article 340(2) TFEU: (i) vicarious liability for torts of EU servants and bodies and (ii) breach-of-law liability of EU institutions. It analyses the multifaceted liability of Member States for breach of EU law in great detail. Also covered are general matters such as consequences of liability (damages), burden and standard of proof, autonomy of Member State law and its limits, and consolidation of liability of Union and Member States. Liability of private parties for breach of EU competition law is subject. The book in this part finally discusses EU liability for lawful acts and its liability as employer for infringements of EU public servants (staff cases). Consideration of harmonized EU civil liability law has its main focus, as in the previous edition, on products liability, particularly in the field of medical devices, as addressed in recent prominent judgements of the European Court of Justice. Other areas are environmental liability, road traffic and air carriage, nuclear energy, and protection of personal data. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for liability lawyers in the European Union. Academics and researchers will also welcome this innovative and very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.