L’inadempimento dello Stato all’obbligo di attuazione delle direttive europee e il problema del risarcimento del danno

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Abstract

[automatically translated] The essay deals with the issue of State liability for failed or incorrect implementation of European Union directives not self-executing character but conferring sufficiently specific rights. There. criticizes the Court of Justice's guidance on the point and the subsequent decision of the Supreme Court, indicating the loss of the sense of the legal forms that characterizes it and the inherent weakness of European private law that entails. However, the liability rule for that type of violation of EU law is in force and a. He believes that it is other than already tort and contract intact but further assumption of responsibility for a breach '' obligation without benefit '.
Original languageItalian
Number of pages65
JournalEUROPA E DIRITTO PRIVATO
Volume3
Publication statusPublished - 2012

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