State liability for judicial breaches under the EEA Agreement: The <i>Köbler</i> doctrine in EEA law

This article delves into the principle of State liability for judicial breaches under the EEA Agreement. The European Court of Justice (ECJ) has established that Member States can be held liable for violations of EU law by their courts of last instance. The article examines the differences between the EU and EEA legal orders and explores how these differences may influence the application of the State liability doctrine in EEA law. It argues that the level of effective judicial protection in the EFTA pillar of the EEA Agreement should be on par with that in the EU, and therefore State liability for judicial breaches should be recognized in EEA law. Such liability also serves as a preventive tool, providing an incentive for domestic judges to uphold their European mandate and adhere to the principle of sincere cooperation.