ABSTRACT
This chapter considers liability under principle I largely without reference to the monetary remedies imported into their law from the European Union and the European Convention on Human Rights. European Community (EC) state liability arises where member state institutions have caused loss to individuals by failing to implement or in some other way contravening Community law. The EC law of state liability is supposed to reflect the law that governs the liability of EC institutions. Any proposal to create a distinctively public form of liability is bound to raise questions about the jurisdictional divide between public and private law. In the event, the French-Turkey producers complained to the Commission which successfully brought enforcement proceedings against the UK government. The UK government was obliged to restore the license but the French producers then sought damages in the English courts in respect of the losses they had suffered between the time of the licenses revocation and its restoration.
