<b>I. The Foundations of State Liability in European Law.</b> 1. The
Enforcement of EU Rights. 2. Liability before Francovich. 3. The Principle of
State Liability. 4. The Clarification of the State Liability Principle in
Brasserie du Pêcheur/Factortame. 5. A Final Comment on the Foundations of the
Principle of State Liability.
<b> II. Substantive Elements of State Liability: Conditions of State
Liability. </b>1. Conferral of Individual Rights. 2. Sufficiently Serious
Breach. 3. Establishing a 'Sufficiently Serious' Breach. 4. A Final Comment
on the Notion of Serious Breach. 5. Causation. 6. State Liability and National
Procedural Law. 7. The Universality of Liability Against the State. 8.
Procedural Rules Strictu Sensu.
<b>III. Non-contractual Liability in Damages: Article 288(2) EC.</b> 1.
Exploring Non-contractual Liability. 2. Admissibility under Article 288(2) EC.
3. Substantive Rules under Article 288(2) EC. 4. The Judgment in Bergaderm. 5.
Community Liability post-Bergaderm. 6. Liability for Lawful Acts. 7.
Causation. 8. Damages. 9. Conclusion.
<b>IV. Article 288(2) EC: The Appropriate Forum and Concurrent Liability.</b>
1. The Exhaustion of National Remedies. 2. Restitution. 3. Unlawful Failure to
Act. 4. Tort. 5. Ancillary Damage. 6. Failure of Supervision. 7. Member State
Recovery. 8. Conclusion.
