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.
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Dutch Supreme Court: State liable for national legislation conflicting with EU law
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