State Liability and Infringements Attributable to National Courts: A Dutch Perspective on the KöBler Case
Published Feb 12, 2007 · J. Jans
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Abstract
This paper discusses the judgment of the European Court of Justice in the Kobler Case. The case concerned the question to what extent the Member States of the EU can be held liable for infringements of European law attributable to national courts. The author critizes the approach of the ECJ in particular in view of the fact that: there is no empirical evidence that there really is a problem in the way the highest national courts apply Community law; the judgment may well increase the number of unnecessary referrals and thus prolong preliminary ruling proceedings even more. The author argues to limit liability for judicial acts only where they infringe fundamental principles of law.