This chapter examines the action for damages related to European Union (EU) liability in tort. It discusses the scope and the elements of non-contractual liability and liability for wrongful acts or omissions under Article 340(2) of the Treaty on the Functioning of the European Union (TFEU). The chapter also explains the relationship of Article 340 TFEU with Articles 263 and 265 TFEU. It considers the restrictive rules in relation to assessment of damages and causation. The chapter highlights the need for European Courts to balance the conflicting interests of permitting flexibility in decision-making and protecting individuals who may suffer as a result of such action.
