The Government modifies the law on patrimonial liability and sets new limits for compensation to citizens

The bill requires citizens to have previously reported the violation of European law, and also limits the amounts.

The Government has submitted a bill to the Congress of Deputies that modifies the system of state liability in cases where European Union law has been violated. The new law, which seeks to adapt national legislation to the ruling of the Court of Justice of the European Union (CJEU) of June 2022, introduces criteria that limit both the possibility of compensation and the amount of compensation.

The text requires citizens to litigate before claiming damages. Only those who have reported, through administrative or judicial channels, that a state action violated European regulations will be eligible for compensation. If the claimant did not invoke this argument from the outset, they will not be entitled to compensation, even if the violation is subsequently confirmed.

This condition, already noted by the General Council of the Judiciary (CGPJ) in its 2023 report, maintains one of the requirements most questioned by the CJEU, which had considered that imposing this requirement “may entail excessive procedural complication, contrary to the principle of effectiveness” of European law. However, the new draft retains this limitation and expands the formal requirements for accessing financial compensation.