STATE LIABILTY

Question 1

DEFINITION

Answer 1

• a principle of law that enables individuals to seek compensation for consequential loss from MS for serious breaches of EU law

Question 2

STATE LIABILITY

Answer 2

• 6/90 and 9/90 Francovich MS may be liable for breaches of EU law
• 46/93 48/93 decided on a modified liability test
• 224/01 and 173/03 liability for breaches attributable to national courts

Question 3

STATE LIABILITY TEST

Answer 3

• state liability
• EU legal act confers rights
• breach is sufficiently serious
• causal link between the breach and damage