Compensation for damages by the State for infringement of EU law: the European Commission refers Spain to the Court of Justice for its rules on the compensation for damages incurred by private parties

madrid

Edificio Metropoli, Gran vía – Madrid, Spain, Madrid, España (Jorge Fernández Salas, Unsplash)

This article is brought to you in association with the European Commission.


Today, the European Commission decided to refer Spain to the Court of Justice of the EU regarding Spanish rules on compensation for damages caused by the State when adopting legislation contrary to Union law.

Following complaints received about certain Spanish provisions regulating the compensation for damages caused by legislative acts that are in breach of Union law, the European Commission initiated an infringement procedure on 14 June 2017, considering that these provisions are in breach of the principles of effectiveness and/or equivalence. These principles limit the procedural and substantive autonomy of the Member States when they set the conditions for liability in case of breaches of Union law.

Firstly, the Spanish legislation makes compensation conditional on a number of cumulative conditions: there has to be a judgment of the Court of Justice of the European Union declaring a Spanish legislative act to be in breach of Union law; the injured party needs to have obtained, at any instance, a final judgment dismissing an appeal against the administrative decision which caused the damage; and the injured party needs to have alleged the breach of Union law during that appeal procedure. Following established case-law, these conditions make the award of damages by the State for breaches of Union law excessively difficult and thereby violate the principle of effectiveness.

Secondly, the Spanish rules establish less favourable conditions for the liability of the State resulting from a breach of Union law than for the liability resulting from breaches of the Spanish Constitution. This is a violation of the principle of equivalence.

Background

The Spanish authorities, in their reply to the Commission’s 2017 letter of formal notice, considered that their system of State liability was in conformity with Union law. Given that this reply was not satisfactory, on 26 January 2018, the Commission issued a Reasoned Opinion reiterating its arguments. The Spanish authorities replied on 26 March and sent a complementary reply on 21 December. Further contacts and exchanges between the Spanish authorities and the Commission followed, but to date they have not resulted in any progress. The Commission has therefore decided to refer Spain to the Court of Justice under Article 258 Treaty on the Functioning of the European Union.

the sting Milestone

Featured Stings

Can we feed everyone without unleashing disaster? Read on

These campaigners want to give a quarter of the UK back to nature

How to build a more resilient and inclusive global system

Stopping antimicrobial resistance would cost just USD 2 per person a year

SCADA Security Conference 2017 in Prague, Czech Republic

INTERVIEW: Poverty, education and inclusion top new General Assembly President’s priority list

New UN data tool shows ‘mismatch’ between government aid and places modern slavery exists

Migration crisis update: mutual actions and solidarity needed as anti-migrant policies thrive

COP21 Breaking News_03 December: Unprecedented Global Alliance for Buildings and Construction to Combat Climate Change

Mergers: Commission opens in-depth investigation into PKN Orlen’s proposed acquisition of Lotos

We can save our ocean in three steps – if we act now

Questions directors need to ask in the age of stakeholder capitalism

Your recycling actually gets recycled, right? Not always, says this report

Why the 33,000 staff European Commission did not have a real contingency plan for the refugee crisis?

Extra mild ECB tapering of QE and zero interest rates keep euro low

Digital learning can help us close the global education gap. This is how

Fail fast, fail better: 3 ways companies can master innovation

World Migratory Bird Day highlights deadly risks of plastic pollution

EU Migrant Crisis: Italian Coast Guard Headquarters and Italian Navy to give host national opening addresses at Border Security 2016 in Rome

Here’s how India can soar in the Fourth Industrial Revolution

Youth policy in Europe not delivering for young people

5 ways the world is rallying around Australia as bushfires rage

How studying genetics and lifestyle can shape a healthier MENA region

UN chief welcomes DR Congo President’s promise to stand down

Back to school: Schoolchildren to receive milk, fruits and vegetables at school thanks to EU programme

Commission and EIB provide CureVac with a €75 million financing for vaccine development and expansion of manufacturing

UN agencies launch emergency plan for millions of Venezuelan refugees and migrants

How the EU sees its own and Russia’s role in Ukraine

Google succumbs unconditionally to EU’s “right to be forgotten” ruling

An Eastern Wind

Grave concern over escalating humanitarian crisis, casualties, displacement across northwest Syria: UN

Commission welcomes Bulgaria and Croatia’s entry into the Exchange Rate Mechanism II

Climate Change Revolution: by-laws for the world

Venezuelan crisis: MEPs reaffirm their support for Juan Guaidó

Deadly earthquake kills dozens in Turkey, UN stands in solidarity and offers support

EU shapes its ambitious strategy on India

Why the world needs systems leadership, not selfish leadership

ILO welcomes new UNDP report that places decent work at the heart of sustainable development

Biggest ever UN aid delivery in Syria provides relief to desperate civilians

China is sending science students to live with rural farmers – and crop yields are skyrocketing

EU and World Health Organisation team up to boost access to health services in developing countries

UN chief announces progress on committee to shape Syria’s political future

This entrepreneur built an island resort out of plastic waste

To beat hunger and combat climate change, world must ‘scale-up’ soil health – UN

Brussels waits for the Germans to arrive

The migration crisis is slowly melting the entire EU edifice

How Europe beat the financial crisis – and the risks it still faces

Could robot leaders do better than our current politicians?

UN agency chiefs condemn Saudi-coalition led air strike that killed dozens in western Yemen

COP21 Breaking News_03 December: UNFCCC Secretariat Launches Forest Information Hub

Security Council renews Central African Republic arms embargo

These are the world’s most fragile states in 2019

From mental health to suicide: the interruption of this chain reaction by prevention

‘Many challenges to overcome’ at UN, in fight against abuse: victims’ advocate

Commission welcomes the political agreement on the transitional rules for the Common Agricultural Policy (CAP)

Nigel Farage and Boris Johnson: who forced the two ‘brave’ Brexiteers to quit?

The developing countries keep the world going

Inclusion, empowerment and equality, must be ‘at the heart of our efforts’ to ensure sustainable development, says UN chief

The Venezuelan exodus to Roraima and its repercussions

The vicious cycle of poverty and exclusion spreads fast engulfing more children

What are the real debates surrounding immigration in an increasingly globalized world?

Parenting in the time of COVID-19? Consider these 6 tips from the WHO

Global Citizen – Volunteer Internships

Britain aligns with EU rivaling US on trade and Iran, abandons bilateral ‘Midsummer Night’s Dream’

More Stings?

Advertising

Speak your Mind Here

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s