SISON III: EU NON-CONTRACTUAL LIABILITY FOR DAMAGES AND THE SO-CALLED SMART SANCTIONS

Pavel Svoboda

Abstract


In its judgment T-341/07 Sison III, the General Court made the conditions of EU non-contractual liability in relation to the so-called smart sanctions even stricter that under ordinary circumstances. It construed the condition of sufficient seriousness of a breach by EU institutions in a way that even in cases with no room for discretion this lability does not occur quasi-automatically but only if the decision-making institution fails to act as

“an administrative authority, exercising ordinary care and diligence”: such administration may be– due to the circumstances – even wrong. Thus the General Court indicates that for the EU is not so difficult to admit violation of fundamental rights on the EU side, but the problem is to admit its obligation to pay damages. The article also examines the question whether it is in line with EU constitutional principles to have a different set of conditions for EU a its Member States’ extra-contractual liabilaty and a different set for individuals.

 

 


Keywords


EU extra-contractual liabilaty, sufficient seriousness of a breach, smart sanctions, violation of

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