Over the last fifteen years, Köbler liability has resulted in the allocation of damages only on five occasions. Why is that? And what are the practical implications of the Köbler judgment in the Member States?
This book offers a unique analysis of the principle, not from the usual EU-focused point of view, but from the practical Member State-centered one – and thus follows the track of the earlier books in the EU Law in the Member States series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts.
After the pronouncement of the ECJ judgment in Köbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Köbler liability principle in the Member States.