2 december 2019

The Liability of the EU for the Failure to Adjudicate within a Reasonable Time

Common Market Law Review (with K. Kryla-Cudna) – 2020

In this article we examine the cases of Gascogne, Kendrion and ASPLA, in which the Court of Justice of the EU found itself confronted – for the first time – with a number of separate damages actions for breach of EU law, namely the alleged failure to adjudicate within a reasonable time as required by paragraph 2 of Article 47 of the Charter of Fundamental Rights of the EU. We analyze the meaning and potential impact of the judgments on the non-contractual liability of the EU for damages caused by unlawful judicial conduct of the CJEU. As we show, the constitutive elements of causation and damage have been interpreted in a way that is likely to further limit the (scope of) non-contractual liability of the EU in this context. We consider this a grim outcome for the applicants concerned, which saw a fundamental right  violated.

A pre-publication text is available here. Also read my blog about the article.