State Liability for Breach of EU Law

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  • Created by: Edward
  • Created on: 25-02-16 09:26
Francovich (1993)
3 conditions for damages where MS fails to implement EU directives: the directive must confer righst on the inds; the contents of those rights must be identifiable in the wording of the measure; there must be a causal link between the damage suffered
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Marshall (1991)
Compensation had to be adequate to make good the loss sustained by the ind as a result of the wrongful discrimination
2 of 7
Brasserie du Pecheur and Factortame (No 4) (1993)
Principles in Francovich applied whether it was an act or omission by the organ of the state that had caused the breach
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Dominguez (2010)
CJEU: when applying domestic law, national courts are bound to interpret it, so far as possible, in the light of the wording and the purpose of the directive
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Factortame (No 3)
Rule of Union law must be intended to confer rights on inds; brech must be sufficiently serious; there must be a causal link
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Ex p Gallacher(1996)
Lord Bingham: decisive test for sufficiently seriousness of breach= whether the MS or the Community institution had manifestly and graveky disregarded the limits on its discretion
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Courage v Crehan (1999)
CJEU: as NO national remedy was available, an action may be brought under the Francovich principle against a MS but also against private ind’s or bodies that caused the damage through a breach of Union law
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Other cards in this set

Card 2

Front

Compensation had to be adequate to make good the loss sustained by the ind as a result of the wrongful discrimination

Back

Marshall (1991)

Card 3

Front

Principles in Francovich applied whether it was an act or omission by the organ of the state that had caused the breach

Back

Preview of the back of card 3

Card 4

Front

CJEU: when applying domestic law, national courts are bound to interpret it, so far as possible, in the light of the wording and the purpose of the directive

Back

Preview of the back of card 4

Card 5

Front

Rule of Union law must be intended to confer rights on inds; brech must be sufficiently serious; there must be a causal link

Back

Preview of the back of card 5
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