INTRODUCTION

As concerns the issue of limitation periods on claims in tort, there are three dimensions in EU law. First, limitation of claims brought against the EU itself has been regulated. This is the primary subject matter of the present report. Second, in striving to harmonise national laws and ensure the functioning of the common market, the EU enacts directives requiring the implementation of specified regulations into domestic law. At times these directives concern tort law, and make reference in some scope to the issue of limitation periods. Third, the issue of expiry of claims appears in conjunction with the liability of a Member State for damage caused by a violation of EU law; such liability is subject to a mixed set of regulations, both national and European. The second and third issues are the focus of the last fragment of the report.

DEFINITION OF PRESCRIPTION

Expiry of a claim for damages against the EU 1 is regulated in art 46 of the Statute of the Court of Justice of the European Union.

The Statute constitutes an annex to the treaties in the form of Protocol no 3, and enjoys the status of primary law, setting out the procedure for proceedings before EU courts and the fundamental rules of their functioning.