Keywords
Summary

Keywords

1 . COMMUNITY LAW - PRINCIPLES - ASSIGNMENT OF RIGHTS - WHETHER POSSIBLE - CONSEQUENCES

2.NON-CONTRACTUAL LIABILITY - DAMAGE - COMPENSATION - CLAIM FOR INTEREST - ADMISSIBILITY

( EEC TREATY , ART . 215 , SECOND PARA ).

Summary

1 . THE ASSIGNMENT OF RIGHTS IS IN PRINCIPLE POSSIBLE UNDER THE LAWS OF THE MEMBER STATES AND SHOULD THEREFORE ALSO BE POSSIBLE UNDER COMMUNITY LAW . THE ASSIGNEE OF A RIGHT IS SUBROGATED TO THE RIGHT OF ACTION IN THE EVENT OF AN INFRINGEMENT OF THAT RIGHT .

2.A CLAIM FOR INTEREST MADE IN CONNECTION WITH THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY UNDER THE SECOND PARAGRAPH OF ARTICLE 215 MUST BE CONSIDERED IN THE LIGHT OF THE PRINCIPLES COMMON TO THE LAWS OF THE MEMBER STATES , TO WHICH THAT PROVISION REFERS . IT FOLLOWS FROM THOSE PRINCIPLES THAT A CLAIM FOR INTEREST IS IN GENERAL ADMISSIBLE .