Article co-authored by MCEL members Alessandro Cuomo and Phedon Nicolaides published in European Law Review
The article examines the multi-step test developed by EU courts to rule on the whether a breach of law by an EU authority is sufficiently serious under art.340(2) TFEU, from the perspective of its transparency and predictability. The current test establishes selective unpredictability as to whether a serious breach will be found. The article thus propose a new standard to improve the predictability of the test, reflecting on the type of mistakes that should be deemed unacceptable in a liability regime designed to foster both administrative diligence and proactivity.
The article can be accessed here.
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