Az uniós jog megsértéséért fennálló tagállami kártérítési felelősség - a Francovich-doktrína érvényesítése és alkalmazása a magyar jogban

The Court of Justice of the European Union has developed the Member States' liability for damages for breach of EU law in the Francovich case, and further clarified the criteria for liability in the course of its development of the law. The first part of the paper analyses the case law of the CJEU and applies these findings to the case law of the Hungarian courts. The gambling cases initiated against the Hungarian state on the basis of EU law have generated a number of dogmatic issues: there is no agreement between the courts even on the legal basis for assessing the claim for damages. The absence of EU factual background allowing the application of EU law has raised the issue of prohibition of reverse discrimination. The conclusion of the paper is that the Hungarian courts recognise the Francovich liability, however, taking into account the majority case law, if there is no EU substantive law to be examined in the given case, the liability system for damages established by the CJEU cannot be applied.