Netherlands:
Dutch Supreme Court: State Liable For National Legislation Conflicting With EU Law
19 October 2015
De Brauw Blackstone Westbroek N.V.
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The Dutch Supreme Court ruled on 18 September 2015 that the
State can be liable for issuing national statutes that conflict
with EU law. This is the first time that the Supreme Court has
decided that introducing a statute conflicting with EU law can
constitute tort under national law. The Dutch State argued that
this was not possible because it is not allowed to test a statute
against the Constitution. The Supreme Court disagreed. These
rulings make clear that this type of legal proceeding can be
successful.
Go to read more for the rulings and press release
(in Dutch only).
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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