Sentencia del TJUE de 5 de marzo de 2009, Comisión vs España y productos frontera
ISSN: 1139-5796
Year of publication: 2018
Issue: 28
Pages: 44-64
Type: Article
More publications in: RUE: Revista universitaria europea
Abstract
The mechanisms for determining the State liability for damages in cases of a breach of the principle of free movement of goods has evolved in the Spanish legal literature in response to the national interpretation of the European jurisprudence of the principle of equivalence in the case of a serious infringement of law. Compensation for damage caused by the administration in that context focuses on the estimation of 'sufficiently serious breach' which according to the legal doctrine remains an open issue in our public responsibility system. The present study discusses cases of liability involving the so-called borderline products, its authorisation for placing on the market and the principle of free movement of goods.