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The Enforcement of EU Law and ValuesEnsuring Member States' Compliance$
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András Jakab and Dimitry Kochenov

Print publication date: 2017

Print ISBN-13: 9780198746560

Published to Oxford Scholarship Online: April 2017

DOI: 10.1093/acprof:oso/9780198746560.001.0001

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Francovich Enforcement Analysed and Illustrated by German (and English) Law

Francovich Enforcement Analysed and Illustrated by German (and English) Law

Chapter:
(p.112) 7 Francovich Enforcement Analysed and Illustrated by German (and English) Law
Source:
The Enforcement of EU Law and Values
Author(s):

Norbert Reich

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198746560.003.0008

This chapter considers the relevance of the Francovich liability to enforcement. Francovich liability can be regarded as an element of enforcement of EU law, but this is limited in scope in an objective and subjective sense, which might confound critical observers of EU law. To overcome the somewhat haphazard approach of citing national—the German and to some extent English—cases pointing in one or other direction regarding the relevance of the liability, this chapter turns to two contrasting approaches. The first is the thorough study by Takis Tridimas analysing all subsequent ECJ case law relating to Francovich. The second is the study based on an economic theory of deterrence advanced by Hans-Bernd Schäfer. The chapter also briefly refers to a comparative empirical study of the case law in German and UK courts.

Keywords:   enforcement, Francovich liability, German case law, English case law, ECJ case law, economic theory of deterrence, Germany

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