Europos bendrijos deliktinės atsakomybės taikymo ypatumai ir santykis su valstybių narių atsakomybe dėl privatiems asmenims padarytos žalos

Abstract

This article is designated to the most important issues of private parties (natural and legal) and member states, as the subjects of the law of the EC: the main differences and similarities of non-contractual liability of the EC and member states liability in damages. The comparative analysis of the conditions of non-contractual liability of the EC and member states liability in damages, established in the jurisprudence of the Court is also being introduced. The main attention in this article is being paid to commenting the conditions of non-contractual liability of the EC in comparison with the conditions of member states liability in damages. This article consists of two main parts. In the first part the main similarities and differences of non-contractual liability of the EC and member states liability in damages are introduced. It is being argued that non-contractual liability of the EC and member states liability in damages are different according to the scope of the application of national legal norms, judicial institutions, which hear such claims of the recovery of damages, condition to use the existing remedies of legal protection. Non- contractual liability of the EC and member states liability in damages are similar in parties, who can submit claims for the recovery of damages, the application of liability for the breaches of EC law, the nature of liability, the right to claim the recovery of damages. It is being stressed, that, according to the nature of these two sorts of non-contractual liability, more similarities than differences can be found. It is also emphasized that on certain occasions not only the claim for the application of non-contractual liability of the EC, but also the claim for application of member states liability in damages is possible at the same time.The second part of this article is dedicated to the analysis of the conditions of non-contractual liability of the EC. These conditions are compared to the conditions of member states liability in damages. Each condition of non-contractual liability of the EC is evaluated critically taking in consideration their importance to the protection of the rights of private parties and the application of the liability. It is being stressed, that for the application of non-contractual liability of the EC four conditions of liability must be proved: firstly, the rule of law infringed must be intended to confer rights on individuals; secondly, the breach must be sufficiently serious; thirdly, the damage suffered; fourthly, there must be a direct causal link between the breach and the damage sustained by the injured parties. It is being acknowledged, that member states liability in damages arises where three conditions are met: firstly, the rule of law infringed must have intended to confer rights on private parties; secondly, the breach must be sufficiently serious; thirdly, there must be a direct causal link between the breach and the damage. If that rule of law is a directive, the content of rights must be discernible on the basis of the provisions of the directive. There is a tendency in the brand new practise of the Court to depolarize non-contractual liability of the EC and member states liability in damages. This notwithstanding still there are some differences between these two sorts of liability. In the first instance the damage suffered is not one of the conditions of member states liability in damages. Another difference is linked to the possession of the right of discretion evaluating the sufficiently seriousness of the breach. It is advisable to establish that when a member state or EC institution has only limited right of discretion / does not have such a right, the condition that a breach must be sufficiently serious is met at once. Thus the protection of private parties can be safeguarded in the field of EC law.