Article 45 — Liability
Entry/Exit System (EES), Regulation (EU) 2017/2226
What does ENTRY-EXIT-SYSTEM Article 45 say?
Short answer, straight from the official text
1. Any person or Member State that has suffered material or immaterial damage as a result of an unlawful processing operation or any act not compliant with this Regulation shall be entitled to receive compensation from the Member State which is responsible for the damage suffered.
Source: Entry/Exit System (EES), Regulation (EU) 2017/2226, read 2026-10-13.
| In the act | EU 2017/2226 |
| CELEX | 32017R2226 |
| Read on | 2026-10-13 |
Official text
Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.
Jump to a point: Point 1 · Point 2 · Point 3
1. Any person or Member State that has suffered material or immaterial damage as a result of an unlawful processing operation or any act not compliant with this Regulation shall be entitled to receive compensation from the Member State which is responsible for the damage suffered. That Member State shall be exempted from liability, in whole or in part, if it proves that it is not in any way responsible for the event which gave rise to the damage.
2. If any failure of a Member State to comply with its obligations under this Regulation causes damage to the EES, that Member State shall be held liable for such damage, unless and insofar as eu-LISA or another Member State participating in the EES failed to take reasonable measures to prevent the damage from occurring or to minimise its impact.
3. Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of national law of the defendant Member State.
The same rule in other acts
These articles carry the same official heading. The wording is not identical; read each text at its own source.
- PSD2 Article 20 — Liability
- GPSR Article 43 — Liability
The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.
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