Damages under Article 288(2)
Even though there is an equality of treatment regarding member state and community liability for damages as provided by the article, individuals are frustrated with the article's inability to provide them with rewards for damages. Several studies conducted have revealed that several provisions of the article do not provide individuals with rewards for damages. The chapter begins by clarifying the interpretation of the European Court regarding the time-limit for bringing up proceedings under the contested article. An assessment of the ‘exhaustion of local remedies’ rule is also included in the chapter. The chapter ends with an analysis as to whether liability in damages is synonymous with unlawful conduct in the context of member states and EU agencies.
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