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
1 of 7
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
3 of 7
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
4 of 7
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
5 of 7
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
6 of 7
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
7 of 7
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
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
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
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