Noterelle sulla recente prassi interna in tema di responsabilità risarcitoria dello Stato per violazione del diritto dell’Unione

Short notes on recent domestic practice concerning State liability in damages for breach of European Union law

Abstract

The article deals with national case-law regarding the principle of State liability for damages caused to individuals by infringements of European Union law, mainly focusing on general issues which also remain substantially unsettled. It aims to show that the current system of State liability is still widely unsatisfactory, since the State is obliged to compensate the injured party on the basis of different legal qualifications and procedural conditions, depending on the organ which has caused the damage. However, this remedy may fulfil the needs of weaker groups who frequently have no other means to protect their rights.
Keywords: State liability; EU law; Damages; Effectiveness; Equivalence