Governmental Liability after Francovich

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.

Cite this work

No public copy is stored for this record, so only the metadata is cited.

Stored only when both papers are in the corpus — 45 citations exist upstream.

Papers that cite the same references — the relational fallback while embeddings are still backfilling.