FROM VAN GEND EN LOOS TO MANFREDI: DEVELOPING THE RIGHT TO COMPENSATION AMONG INDIVIDUALS UNDER EU LAW

Abstract

The article analyses the development of a right to compensation operating among individuals under EU law. In particular, the discussion focuses on a series of judgments of the European Court of Justice over a period of four decades, which culminated in the Court's findings in the seminal Courage (2001) and Manfredi (2006) judgments. These judgments show the emanation of a right to damages as a (somewhat) logical 'offshoot' of the more general principle of effectiveness of EU law, with the Court motivated by a willingness to introduce the principle of ubi ius ibi remedium as a rule of the EU's supranational legal order.