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Doctrine: State Liability

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Doctrine: State Liability

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  • 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


  • 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)


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