CJEU Case C-268/15 / Judgment

Fernand Ullens de Schooten v État belge
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Grand Chamber)
Type
Decision
Decision date
15/11/2015
ECLI (European case law identifier)
ECLI:EU:C:2016:874

No direct reference to Charter articles, but important Case Law regarding applicability of the Charter.

 

  • CJEU Case C-268/15 / Judgment

    Key facts of the case:

    Reference for a preliminary ruling — Fundamental freedoms — Articles 49, 56 and 63 TFEU — Situation confined in all respects within a single Member State — Non-contractual liability of a Member State for damage caused to individuals by breaches of EU law for which the national legislature and courts are to be held responsible’.

    Outcome of the case:

    On those grounds, the Court (Grand Chamber) hereby rules: European Union law must be interpreted as meaning that the system of non-contractual liability of a Member State for damage caused by a breach of that law does not apply in the case of damage allegedly caused to an individual as a result of an alleged breach of a fundamental freedom laid down in Article 49, 56 or 63 TFEU by national legislation that is applicable without distinction to the State’s own nationals and those of other Member States, where, in a situation which is confined in all respects within a single Member State, there is no link between the subject or circumstances of the dispute in the main proceedings and those articles.

  • Relevance of Charter

    No direct reference to Charter articles, but important Case Law regarding applicability of the Charter.