ABSTRACT
In this article we examine the cases of Gascogne, Kendrion and ASPLA, in which the Court of Justice of the EU found itself confronted – for the first time – with a number of separate damages actions for breach of EU law, namely the alleged failure to adjudicate within a reasonable time as required by paragraph 2 of Article 47 of the Charter of Fundamental Rights of the EU. We analyze the meaning and potential impact of the judgments on the non-contractual liability of the EU for damages caused by unlawful judicial conduct of the CJEU. As we show, the constitutive elements of causation and damage have been interpreted in a way that is likely to further limit the (scope of) non-contractual liability of the EU in this context. We consider this a grim outcome for the applicants concerned, which saw a fundamental right violated.
Verbruggen, Paul and Kryla-Cudna, Katarzyna, The Union’s Liability for Failure to Adjudicate within a Reasonable Time: EU Tort Law after Gascogne, Kendrion and ASPLA (January 17, 2020). Forthcoming, Common Market Law Review (1) 2020; Tilburg Law School Research Paper No 02/2020.
First posted 2020-01-19 08:25:29
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