Resumen de State liability in EU and EEA Law: the same or different?

Halvard Haukeland Fredriksen

• The reach of the principle of State liability for breach of obligations flowing from the Agreement on the European Economic Area (EEA) is currently a subject of debate. In this contribution, it is argued that there may indeed be cases where the lack of EEA law principles of direct effect and supremacy has to be compensated for by a strict approach to State liability. However, owing to the effect that the legal orders of the European Free Trade Association (EFTA) States currently afford to non-implemented EEA law obligations, the practical consequences of this position are limited. In most cases, the principle of homogeneity implies that the application of the EU and EEA law principles of State liability will be coextensive.