The impact of general principles of EC law on its liability regime towards retaliation victims after FIAMM

Thies, A. (2009) The impact of general principles of EC law on its liability regime towards retaliation victims after FIAMM. European Law Review, 34(6), pp. 889-913.

Abstract

This article assesses the impact of general principles on Community liability in the context of international trade disputes. It focuses on the potential right to compensation of traders who have suffered damage through retaliatory measures imposed by other World Trade Organization (WTO) members because of the EC's continuing non-compliance with WTO law. In view of the recent FIAMM case, the article examines the relevant legal grounds for compensation, which are arguably defined or affected by general principles. It stresses that the Community courts should take general principles conscientiously into account when assessing liability for Community conduct, independently of the conduct's international dimension. While a recognition and application of the principle of liability in the absence of unlawfulness would seem suitable to give justice to the different interests involved (political scope for manoeuvre and fair internal cost distribution), the reliance on specific aspects of Community conduct and related breaches of some individual general principles seems, in the light of the ECJ's decision in FIAMM, more promising when claiming compensation.

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Thies, Dr Anne
• Authors: Thies, A.
• College/School: College of Social Sciences > School of Law
• Journal Name: European Law Review
• Publisher: Sweet & Maxwell
• ISSN: 0307-5400