Analysis: “Spanish Rules on the Liability of the State as Legislature for Breaching EU Law, in AG Szpunar’s Opinion, are Contrary to the Principle of Effectiveness” by Darya Budova

On 9 December 2021, Advocate General (AG) Szpunar delivered his Opinion in Commission v Spain (C-278/20). The case, initiated by an application lodged by the Commission on 24 June 2020, refers to the Spanish rules on the liability arising from legislative action in cases of loss or damage caused to individuals, when such losses arise from legal rules in breach of EU law.

The Spanish regime of State liability for damages linked to acts of the legislature  is formed by various provisions spread over two laws introduced in 2015 (Laws 39/2015 and 40/2015). The relevant provisions reproduce the Court of Justice’s requirements fora right to compensation to arise (the infringed rule of law must be intended to confer rights on individuals