Liability in damages for a breach of Community law: some reflections on the question of who to sue and the concept of ‘the state’

Abstract:

The question of which 'public law body' to sue in state liability proceedings calls for consideration of both the Court of Justice's approach to causation and its acceptance of 'joint and several liability' of public bodies under national law. In the interests of simplicity and deterrence, liability for the acts of most public bodies should be imputed, vicariously or causally, to Member State governments. Moreover, a government may defend 'the state' if a national court has breached Community law. It should always be possible to sue the government in state liability proceedings, by analogy to proceedings under Art.226 EC.