Liability, Plea of Illegality, and Redress

Which Article of the TEU mandates that Member States provide remedies sufficient to ensure effective legal protection?

Article 19(1) TEU.

The principle of State liability was primarily established in which landmark case?

Francovich v Italy (1991).

According to the principle of sincere cooperation, which Article requires national courts to interpret procedural rules to enable legality challenges?

Article 4(3) TEU.

The _____ principle dictates that Member States must compensate individuals for damages caused by breaches of EU law.

Francovich

Which three cumulative conditions must be met to establish Member State liability under the Francovich principle?

1. Conferral of rights on individuals; 2. Sufficiently serious breach; 3. Direct causal link.

In the context of State liability, what is the decisive test for a 'sufficiently serious breach'?

Whether the State manifestly and gravely disregarded the limits on its discretion.

Which cases extended the Francovich principle to cover any breach of EU law by Member States, regardless of direct effect?

Brasserie du Pêcheur and Factortame III.

Term: Article 340(2) TFEU

Definition: The legal basis for the non-contractual liability of the European Union for damage caused by its institutions or servants.

Which court has exclusive competence over non-contractual liability claims against the EU under Article 268 TFEU?

The Court of Justice of the European Union (CJEU).

The _____ case aligned the conditions for EU institutional liability with those for Member State liability.

Bergaderm

Under the Bergaderm test, what is the first requirement to establish the Union's liability for damages?

The breach of a rule of law intended to confer rights on individuals.

True or False: The action for damages is an independent form of action that does not require the prior annulment of the act.

True (Case Lütticke).

What is the standard limitation period for bringing an action for damages against the EU under Article 340(2) TFEU?

Five years from the occurrence of the event giving rise to the damage.

Which Treaty provision allows a party to incidentally challenge the validity of an act of general application during existing proceedings?

Article 277 TFEU (Plea of Illegality).

In which case did the Court clarify that the plea of illegality applies to any act of general application, not just regulations?

Simmenthal v Commission.

What is the legal effect of a successful plea of illegality under Article 277 TFEU?

The act is declared inapplicable only between the parties to the dispute (inter partes).

Plea of illegality grounds must be the same as those specified in which other Article?

Article 263(2) TFEU.

Term: 'No new remedies' principle

Definition: The general rule from Butter-Buying Cruises that the Treaty did not intend to create national remedies other than those already existing in national law.

Which case established that the 'no new remedies' principle is not absolute and national courts must ensure effective protection?

Unibet.

In the context of EU liability, the damage must be actual, certain, specific, and _____.

quantifiable

The 'exhaustion rule' in concurrent liability requires applicants to generally exhaust _____ remedies before claiming against the EU.

national

Which policy area remains largely excluded from the CJEU's jurisdiction regarding actions for damages?

Common Foreign and Security Policy (CFSP).

The assessment of damages in State liability cases is generally governed by _____ law, subject to the principles of equivalence and effectiveness.

national

Case: FIAMM

Significance: Established that EU law does not currently recognise liability for lawful legislative acts in the field of economic policy.

Which Article provides the remedy for an institution's unlawful failure to act?

Article 265 TFEU.

To be admissible, an action under Article 265 TFEU must first involve the institution being _____ to act.

called upon

What type of act must be the target of a plea of illegality under Article 277 TFEU?

An act of general application.

Can Article 277 TFEU be used as an independent action in the CJEU?

No, it is an incidental right that must be attached to a main direct action.

The principle of _____ requires Member States to treat claims based on EU law no less favourably than those based on domestic law.

equivalence

The principle of _____ requires that national procedural rules must not make it virtually impossible to exercise EU rights.

effectiveness

Which case established that liability of a Member State arises regardless of which state agency (including constitutionally independent ones) caused the breach?

Commission v Belgium (Case 77/69).

A _____ link must exist between the breach of the obligation resting on the State and the damage sustained by the injured party.

direct causal

The assessment of a 'sufficiently serious breach' considers whether the error was excusable and the degree of _____ of the rule infringed.

clarity

Under Article 260(2) TFEU, what are the two types of financial sanctions the CJEU can impose on a Member State?

A lump sum and a penalty payment.

What is the purpose of a 'penalty payment' in infringement proceedings?

To induce swift compliance following a failure to respect an initial judgment.

In State liability, if the Member State had no discretion at all, a mere _____ of EU law may suffice to establish a serious breach.

infringement

Which Article of the Charter of Fundamental Rights recognises the right to have the Union make good any damage caused by its institutions?

Article 41(3) CFR.

Concept: Inter partes effect

Definition: A legal ruling that only binds the specific parties involved in the litigation, rather than having general applicability.

The _____ Regulation allows environmental NGOs to request an internal review of non-legislative acts adopted by EU institutions.

Aarhus

According to the TWD case, a party cannot use Article 267 TFEU to bypass the _____ limit if they clearly had standing for a direct action.

two-month

Which Article of the TFEU governs contractual liability of the Union?

Article 340(1) TFEU.

Under Article 340(2) TFEU, the Union is liable for 'fautes de service', which refers to _____ acts attributable to its institutions.

wrongful

What must legal persons show regarding damage in an Article 340(2) claim?

That the damage affects their own assets.

The 'n' factor used in calculating financial sanctions under Article 260 TFEU represents the Member State's _____.

ability to pay

In the case of _____ liability, the EU must make good damage caused by its institutions or servants in the performance of their duties.

non-contractual

True or False: Privileged applicants like Member States can invoke Article 277 TFEU if they missed the deadline to challenge an act under Article 263.

True.

Which case extended State liability to include breaches of EU law by a national court of last instance?

Köbler v Austria.

To raise a plea of illegality, a sufficient _____ must exist between the specific measure challenged directly and the general act serving as its legal basis.

link

In State aid law, 'interested parties' have standing to bring _____ claims even if they cannot yet challenge the merits of a decision.

procedural

Term: Erga omnes

Definition: A legal effect that is valid against or applicable to everyone, as opposed to only the parties in a case.

Which case confirmed that the Union is liable for 'fautes personnelles' (wrongful acts of its employees) in the performance of their duties?

Sayag v Leduc.

Under Article 263 TFEU, a _____ act is defined as a non-legislative act of general application.

regulatory

Which Article of the TFEU gives the CJEU jurisdiction over disputes relating to the European Central Bank's non-contractual liability?

Article 340(3) TFEU.

If an EU act requires implementing measures, a private applicant must show both direct and _____ concern to have standing.

individual

What is the primary purpose of the Article 340 TFEU action for damages?

To establish a form of financial redress for individuals who have suffered loss.

Under the Aarhus Regulation, how many members of the public from at least five Member States are required to support a request for internal review?

At least $4,000$ members.

The 'Plaumann test' is used to determine whether a natural or legal person has _____ concern in an annulment action.

individual

The assessment of whether an act entails 'implementing measures' depends on whether its legal effects materialise without any _____ act.

intermediate

Which Article of the TEU establishes the 'Rule of Law' as a founding value of the Union?

Article 2 TEU.

Which case established that the Treaties create a 'complete system of legal remedies and procedures'?

Les Verts v Parliament.

In the Ryanair case, competitors were found to have standing to make procedural claims regarding the Commission's refusal to initiate a _____ investigation.

formal

The 'duty to state reasons' is an example of an _____ requirement under Article 263 TFEU.

essential procedural

In State liability, the principle is considered _____ in the system of the Treaty to ensure the full effectiveness of EU rules.

inherent

A 'direct causal link' requires that the damage must be a _____ consequence of the unlawful act.

direct

What is the 'ultima ratio' function of infringement proceedings as described in Commission v Spain?

To enable EU interests to prevail over the resistance of Member States.

Under Article 258 TFEU, the Commission acts as the '_____ of the Treaties' in the general interest of the Union.

Guardian

True or False: There is a 'de minimis' rule in infringement proceedings that prevents the Commission from pursuing minor breaches.

False.

Under Article 260(3) TFEU, the Commission can seek financial penalties during the _____ referral to the Court for failure to notify transposition measures.

first

Which principle suggests that individual liability in damages is the younger sibling of direct effect and primacy?

State liability.

Does the CJEU have jurisdiction to reviewstrategic political choices in the Strategic Common Foreign and Security Policy?

No, they are generally excluded from its jurisdiction.

The assessment of a 'sufficiently serious breach' is a matter for the _____ court, although the CJEU provides guidance.

national

Which Article of the TFEU allows any party to invoke the inapplicability of a general act, even if the annulment time limit has expired?

Article 277 TFEU.

The principle of _____ mandates that national courts must provide interim relief to protect EU rights (Factortame I).

effective judicial protection

Which case confirmed that the conditions for State liability apply to any Member State breach, including failure to transpose directives?

Dillenkofer.

The plea of illegality is meant to fill the gap in judicial protection left by the strict application of criteria for _____ concern.

individual