Doctrine: State Liability

[Flash Card 1 of 1]

• Member State liable pay compensation / if fail to implement Directive / contrary to Article 4 TEU / no need for direct or indirect effect (Francovich)
• Francovich criteria: rule of law infringed must confer rights on individuals / possible to identify content of rights / causal link between breach & loss sustained
• Brasserie Du Pecheur / Factortame: extend to all breaches of EU law / where State has wide discretion must prove sufficiently serious breach
• British Telecoms: what is sufficiently serious: is EU law clear? / Commission guidance? / Other Member States made same mistake?
• Dillenkofer: failure to implement Directive is sufficiently serious / manifestly & gravely disregarded limits on rule making powers

Application

• fail implement directive (Francovich )
• incorrect implementation (British Telecoms)
• legislative act (Brasserie Du Pecheur / Factortame)
• administrative act (R v MAFF)
• fail to make Article 267 TFEU referral (Kobler)

Criteria

• rule of law confer rights on individual / sufficiently serious breach / causal link between breach & loss sustained

bits of law