Action for Damages

An action for damages under EU law refers to a legal action seeking compensation for harm suffered as a result of a breach of EU law by an EU institution or a Member State.

There are two main types of damage claims:

1. Non-contractual liability of the EU (Article 340(2) TFEU)

This allows to bring an action for damages against the EU for unlawful acts or omissions. The requirements are:

• The EU institution must have committed an illegal act (e.g., breach of EU law or failure to act);
• The breach must be sufficiently serious;
• There must be actual damage suffered; and
• There must be a causal link between the breach and the damage.

2. State liability for breach of EU law (developed by ECJ case law)

This principle allows individuals to claim compensation from a Member State that has breached EU law. The conditions are:

• The rule of law breached must be intended to confer rights on individuals;
• The breach must be sufficiently serious; and
• There must be a direct causal link between the breach and the damage.

Examples include the failure to implement an EU directive correctly or on time, the violation of EU competition rules by national authorities, the breach of fundamental EU rights by national laws or measures.

These claims are usually brought before national courts, but the courts must apply EU law principles and may refer questions to the CJEU for clarification.

You are welcome to contact us here if you would like to learn more what we can do for you.