Abstract:
This article looks at the potential impact of the Draft Common Frame of Reference (the DCFR) on the EU legal institution of damages actions. Its purpose is to compare the nature and functions of damages actions as traditionally conceptualised by EU law and the approach to the corresponding legal institutions in the DCFR. For this purpose the article discusses the existing law of damages actions in the EU and the regime of non-contractual liability in the DCFR. The article explains that remedies in EU law have been dominated by the concern for devising an effective system of enforcement. The DCFR, on the other hand, is inspired to a great extent by ideas of corrective justice and compensation. At the deeper level, however, it hides many features which would enable the non-contractual liability regime in the DCFR to act as a mechanism of enforcement. The article argues that the two perspectives are in many respects incompatible and that enforcement-focused regimes are more suitable in EU law.
Leczykiewicz, Dorota, Enforcement or Compensation? Damages Actions in EU Law after the Draft Common Frame of Reference (October 10, 2012). M Kenny and J Devenney (eds), The Transformation of European Private Law (Cambridge University Press); Oxford Legal Studies Research Paper No. 59/2012.
First posted 2012-10-11 18:33:51
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