1. Any person who, or Member State which, has suffered material or non-material damage as a result of an unlawful processing operation or any other act incompatible with this Regulation shall be entitled to receive compensation from the Member State responsible for the damage suffered, or from if it is responsible for the damage suffered and in so far as it has not complied with obligations on it pursuant to this Regulation specifically directed to it or where it has acted outside or contrary to lawful instructions of that Member State. The Member State responsible or shall be exempt from its liability, in whole or in part, if it proves that it is not in any way responsible for the event giving rise to the damage.
2. If any failure of a Member State to comply with its obligations under this Regulation causes damage to Eurodac, that Member State shall be held liable for such damage, unless and in so far as or another Member State failed to take reasonable steps 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 of this Article shall be governed by the provisions of national law of the defendant Member State in accordance with Articles 79 and 80 of and Articles 54 and 55 of . Claims for compensation against for the damage referred to in paragraphs 1 and 2 of this Article shall be subject to the conditions provided for in the Treaties.
Correlation table
| Regulation (EU) No 603/2013 | This Regulation |
| Article 37 | Article 52 |
| Article 38 | — |