Are They Really So Far Apart? Reflections on Causation and Damage in the Internal and External Systems of EU Liability

Abstract This contribution examines the application of causation and damage in the internal and external systems of EU liability. It is divided into three main parts. The first part sets out the context of each system, with regard to the nature and scope of EU non-contractual liability and international responsibility, as well as the main conditions that must be satisfied. The second and third parts respectively explore how the elements of causation and damage are assessed in each system, taking account of salient case-law of the EU Courts regarding EU non-contractual liability and the relevant provisions of the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the Draft Articles on the Responsibility of International Organizations, along with select case-law of international courts and tribunals, in relation to international responsibility. Through this analysis, the author argues that the relevant case-law and practice indicate that the internal and external systems of EU liability take similar approaches in respect of certain basic principles guiding their application.