What Do We Mean By EU Tort Law?

AbstractThis article will examine what we mean by the term ‘EU tort law’ and why it is important to recognise EU tort law both as a concept providing remedies to citizens in EU and national courts, but also as an area of law which, notably in the context of national courts, is under-theorised and in danger, therefore, of being incorrectly applied. EU tort law is a sub-set of a broader category which may be termed ‘European tort law’. It crosses sectors as diverse as consumer, employment, competition and financial services law. It provides citizens with rights, often to compensatory damages, for breach of interests protected by EU law. Fundamentally, it plays a vital role in ensuring the effectiveness of EU law. It will be submitted that only by focussing on what we actually mean by EU tort law will we gain an understanding of its content and rules and be able to address problems in its application.