author_ey
EY

Share This Article

CJEU rules that Spanish rules on compensation for damages by the State are against EU law

30 June 2022

|

Tax Alerts, Legislation & Policy, Na...

|

Spain, European Union

On 28 June 2022, the Court of Justice of the European Union (CJEU) declared that certain Spanish provisions regulating the compensation for damages caused by legislative acts that are in breach of European Union (EU) law are themselves in breach of the principle of effectiveness. These principles limit the procedural and substantive autonomy of the Member States when they set the conditions for State liability for breaches of EU law.1The CJEU has determined that Spain has failed to fulfil its obligations under the principle of effectiveness, since the Spanish rules on State liability make compensation for the loss or harm...