- Created by: channyx
- Created on: 21-03-20 00:05
Upon a reference for a preliminary ruling the ECJ was asked to determine whether an individual had a right to reparation for a Member State's failure to implement a Directive within the prescribed period. D and others had brought actions against Germany for failure to transpose Council Directive 90/314 into national law before the deadline for transposition, as a result of which they were unprotected against their tour operators' insolvency. Germany argued that the period set down for implementation of the Directive into national law was inadequate and asked whether fault had to be established.
Held, that a right of reparation existed provided that the Directive infringed…