Liability of a state
Francovich case
• Italy failed to implement a directive
• Direct effect was not possible
• Solution: liability of a state!
• 3 conditions must be fullfiled:
1. result prescribed by the directive should entail the
grant of rights to individuals
2. it should be possible to identify the content of those
rights on the basis of provision of the directive
3. existence of a causal link between the breach of the
State’s obligation and the loss and damage suffered
by the injured parties
Brasserie du Pecheur / Factortame
• Where a Member State acts in a field where it
has wide discretion, it will be liable to an
individual for breach of EC law provided:
• (1) the rule of law infringed is intended to
confer rights on individuals;
• (2) the breach is sufficiently serious;
• (3) there is a direct causal link between the
breach and the damage
Kobler
• The state is liable even in case of a damage
that was caused by breach of EU law by the
state’s courts of last instance…