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Research Handbook on EU Tort Law
The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.
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Critical Acclaim
Contributors
Contents
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The Research Handbook on EU Tort Law critically examines tort liability arising from EU law. It brings together for the first time different elements of EU tort law to provide a comprehensive overview of the institutional liability of the EU, member state liability and liability arising from a variety of EU legislation. Contributors are experts in their field and range from the UK and Ireland to France, Germany, the Netherlands and Hungary.
The impact of EU tort law on national legal systems is wide-ranging. It extends to areas as diverse as consumer law, competition law, data protection law, employment law, insurance law and financial services law. The Research Handbook provides a detailed analysis of these areas of law and considers the extent to which we can now identify an emerging European culture of tort law. It further analyses the impact of proposals to harmonise European tort law and considers the impact of Brexit on EU tort law.
The Research Handbook offers an authoritative reference point for academics, students and practitioners studying or working in EU law, private law and comparative law. Comprehensive and informative, it is also accessible for those approaching the subject for the first time.
The impact of EU tort law on national legal systems is wide-ranging. It extends to areas as diverse as consumer law, competition law, data protection law, employment law, insurance law and financial services law. The Research Handbook provides a detailed analysis of these areas of law and considers the extent to which we can now identify an emerging European culture of tort law. It further analyses the impact of proposals to harmonise European tort law and considers the impact of Brexit on EU tort law.
The Research Handbook offers an authoritative reference point for academics, students and practitioners studying or working in EU law, private law and comparative law. Comprehensive and informative, it is also accessible for those approaching the subject for the first time.
Critical Acclaim
‘This Handbook provides both up-to-date knowledge for the practitioner dealing with EU tort law as well as food for thought for academics working on comparative tort law and EU private law. Doubtless, it will fulfil its stated “call to arms” of promoting critical
examination of this (newly identified) field of law.’
– Monique Hazelhorst, Common Market Law Review
examination of this (newly identified) field of law.’
– Monique Hazelhorst, Common Market Law Review
Contributors
Contributors: J. Blackie, J. Davey, M. Faure, P. Giliker, M.-P.F. Granger, K. Gutman, J. Knetsch, D. Leczykiewicz, M. Martín-Casals, J. Mulder, L. Niglia, O. Odudu, C. Riefa, S. Saintier, A. Sanchez-Graells, K. Stanton, M. Stauch, F. White
Contents
Contents:
Preface
1. What do we mean by ‘EU tort law’?
Paula Giliker
2. The non-contractual liability of the European Union: Principle, practice and promise
Kathleen Gutman
Part I: The interface of EU and national law
3. Compensatory remedies in EU law: The relationship between EU law and national law
Dorota Leczykiewicz
4. Francovich liability before national courts: 25 years on, has anything changed?
Marie-Pierre F. Granger
5. Directive 85/374/EEC concerning liability for defective products: In the name of harmonisation, the internal market and consumer protection
Fidelma White
6. The interface of EU and national tort law: Competition law
Okeoghene Odudu and Albert Sanchez-Graells
7. Data protection law
Marc Stauch
8. Employment law
Jule Mulder
9. A compulsory diet of chickens and eggs: The EU Motor insurance directives as a shadow tort regime
James Davey
10. Financial services and regulation
Keith Stanton
11. Unfair Commercial Practices Directive: Remedying economic torts?
Christine Riefa and Séverine Saintier
Part II: A culture of EU tort law?
12. A ‘European’ tort law? Comparative thoughts on an ‘essentially contested’ private law institution
Leone Niglia
13. European tort law in Western Europe
Jonas Knetsch
Part III: Harmonising European tort law
14. The Principles of European Tort Law (PETL) at the beginning of a second decade
Miquel Martín-Casals
15. The tort provisions of the Study Group on a European Civil Code and their uses
John Blackie
16. The harmonisation of EU tort law: A law and economics analysis
Michael Faure
Part IV: Conclusion
17. The future of EU tort law
Paula Giliker
Index
Preface
1. What do we mean by ‘EU tort law’?
Paula Giliker
2. The non-contractual liability of the European Union: Principle, practice and promise
Kathleen Gutman
Part I: The interface of EU and national law
3. Compensatory remedies in EU law: The relationship between EU law and national law
Dorota Leczykiewicz
4. Francovich liability before national courts: 25 years on, has anything changed?
Marie-Pierre F. Granger
5. Directive 85/374/EEC concerning liability for defective products: In the name of harmonisation, the internal market and consumer protection
Fidelma White
6. The interface of EU and national tort law: Competition law
Okeoghene Odudu and Albert Sanchez-Graells
7. Data protection law
Marc Stauch
8. Employment law
Jule Mulder
9. A compulsory diet of chickens and eggs: The EU Motor insurance directives as a shadow tort regime
James Davey
10. Financial services and regulation
Keith Stanton
11. Unfair Commercial Practices Directive: Remedying economic torts?
Christine Riefa and Séverine Saintier
Part II: A culture of EU tort law?
12. A ‘European’ tort law? Comparative thoughts on an ‘essentially contested’ private law institution
Leone Niglia
13. European tort law in Western Europe
Jonas Knetsch
Part III: Harmonising European tort law
14. The Principles of European Tort Law (PETL) at the beginning of a second decade
Miquel Martín-Casals
15. The tort provisions of the Study Group on a European Civil Code and their uses
John Blackie
16. The harmonisation of EU tort law: A law and economics analysis
Michael Faure
Part IV: Conclusion
17. The future of EU tort law
Paula Giliker
Index
