Analysis: “Member States’ actions for damages against the EU as a means to offset shortcomings of effective judicial protection? Czech Republic v Commission” by Dolores Utrilla
Yesterday, official publication was made of an action for damages (T-151/20) brought by the Czech Republic against the EU (represented by the European Commission) and based on the principle of the prohibition of unjust enrichment (de in rem verso). This is an extremely interesting and pioneering case, the first known case so far in which an action for damages is brought against the EU by a Member State, and which offers the EU courts the opportunity to clarify whether and how actions for unjust enrichment can contribute to enhance effective judicial protection in areas, such as that of the EU’s system of traditional own resources (TOR), where serious shortcomings for access to court exist.
Yet this case has a long history that ne