Op-Ed: “Perseverare diabolicum − Spanish law on State liability for breaches of EU law” by Gabriel Doménech-Pascual
Errare humanum est
A few days ago, on 28 September 2021, the Grand Chamber of the Court of Justice held a hearing in Commission v Spain (C-278/20), a case brought by the European Commission against the Kingdom of Spain for failing to fulfil its obligations under the principles of effectiveness and equivalence when lying down the conditions governing State liability for damages caused to individuals by acts of the legislature in breach of EU law.
This is the second time that the Court of Justice has been called on to assess the compatibility of Spanish law with EU law on this issue. In Transportes Urbanos (C-118/08), the Court already declared that one of the conditions governing State liability for harm caused in breach of