Governmental Liability after Francovich
- 1 July 1993
- journal article
- research article
- Published by Cambridge University Press (CUP) in The Cambridge Law Journal
- Vol. 52 (2) , 272-297
- https://doi.org/10.1017/s0008197300095167
Abstract
Governmental liability used to be on the retreat, especially but not only in the field of negligence liability. InBourgoin S.A. v. Ministry of Agriculture, Fisheries and Foodthe majority of the Court of Appeal flatly stated that not every infringement of Community law was a tort. Moreover, in the recent decision inMurphy v. Brentwood District Councilthe House of Lords, departing fromAnns v. Merton London Borough Council, dramatically curtailed any hope—or fear, it depends on the point of view—of development of governmental liability in the field of economic loss.Keywords
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