EU Law I: State liability

State liability

Directive not implemented in time but cannot be applied directly
Why? Francovich case and MP Travel line (Dillenkofer case) case
- Provisions is precise and clear with one exception:
  - Not clear whether provision addressed against state or company (insolvency fund)

Conditions (see Köbler case)
- Manifest or serious breach
  - When is a breach sufficiently serious?
  - MS manifestly and gravely disregards the limits of its discretion
    - Factors: clarity, precision of the rule breached, infringement and damage caused intentionally or involuntary, error of law excusable or inexcusable
    - Sufficiently serious: non-implementation of clear and precise Directive, established case law on matter
- Rule of law (provision of not implemented directive or primary law provision)
- Rule of law confers rights on individual
- Direct causal link between the breach of the obligation of the state and the damage sustained by the injured parties

Lecture Slides covering this topic

See also

EU Law I | Mainpage