State Liability for Judicial Decisions Infringing EU Law – the Polish Experience
نویسندگان
چکیده
The liability of Member States for damages caused by the issuance a judicial decision in breach EU law has been shaped jurisprudence CJEU, as mechanism to ensure effective legal protection citizens. Its primary purpose is that situation where court State causes damage citizen violating laws its ruling, remedy obtain compensation such violation. Based on principle procedural autonomy States, claims can be asserted grounds national rules under substantive laid down CJEU case law.Research conducted authors article indicates despite more than 18 years Poland’s presence European Union, it extremely difficult find rulings Polish courts. It seems state affairs may ambiguities and interpretative doubts arise procedure Both doctrine there are far-reaching divergences whether pre-judgment provided Civil Code should apply law, if so, when applied. These reflected scant issue question. indicated lack clarity proper pursuing deter parties from frequent initiation proceedings courts context.
منابع مشابه
U.s. Infringement Liability for Foreign Sellers of Infringing Products
IMPORTATION AS AN EXCLUSIVE RIGHT ¶1 Making, selling, or using a U.S.-patented product or process in a foreign country does not infringe the United States patent. United States law cannot govern in other countries, and the patentee’s remedy is therefore dependent on the laws of the relevant foreign country. But when the patented product (or the product of the patented process) is brought into t...
متن کاملIntroduction of the State Committee for Judicial Investigations of Belarus
The establishment of political relations between Belarus and Iran is more than 20 years ago. Although Belarus is an Eastern European country, many parts of its forensic system (the State Committee for Judicial Investigations of Belarus) are not unlike the current process of the Forensic Medicine Organization in Iran. Therefore, in this article, in order to acquaint our forensic physicions with ...
متن کاملLaw Enforcement; a Function of Criminal Liability or Civil Liability
Despite the fact that in investigations and legal writings enough consideration has been paid to the founding principles and rules governing civil and criminal liability as well as damages of crime, the legal or disciplinary responsibility accompanying these two types of legal responsibilities has not been taken seriously into account and the people involved it - in particular, the authorities ...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
ژورنال
عنوان ژورنال: Przegl?d Prawniczy Uniwersytetu im. Adama Mickiewicza
سال: 2022
ISSN: ['2450-0976', '2083-9782']
DOI: https://doi.org/10.14746/ppuam.2022.14.07