The Transposition of the Principle of Member State Liability into the Context of External Relations

Philipp Gasparon^*

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Abstract

The European Community is increasingly entering into international agreements as a party. These agreements are Community law to the extent to which they are covered by Community competence. Member State liability for the breach of Community law, as established by the Court of Justice, is a conditio sine qua non to ensure the effectiveness of Community law. This situation leads to the question whether an individual can also hold a Member State liable for the breach of an international agreement. As the Community's external relations are characterized by specific legal and political conditions, the answer to this question very much depends on the Court's will to uphold its past jurisprudence as well as its concern for the Community's position in the international political arena.

^* The author wishes to thank Professor Inge Govaere, College of Europe, Bruges, for her advice and comments, and Homburger Rechtsanwälte, Zurich, for the scholarship which enabled him to attend the College of Europe.

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