Public EU Law - State Liability

When is it difficult for individuals to invoke their rights based on Directives?

Francovich Case

Francovich
Principle of Sincere Cooperation

Francovich case
Determination of State Liability

Conditions of State Liability
(Francovich)

Discretion of MSs when it comes to State Liability

Limits on State Liability

Principle of Effectiveness
Von Colson

Principle of Effectiveness
Factortame I

Interim Relief

Brasserie Case
Conditions reasoning

Brasserie Case
Conditions for State Liability

2nd Condition
''Sufficiently serious breach''

2nd Condition
''Sufficiently Serious Breach''
What may be taken into consideration by the Court?

Condition 3
''Causal Link''
Determination

Francovich and Brasserie suggest three circumstances where liability will be easily found

Brasserie Case
Findings

Kobler v. Austria

Kobler v. Austria
''Res Judicata''

''Sufficiently Serious''

Other cases than Brasserie

When can State liability for an infringement of Community Law by a decision of a national court can incur?

Traghetti Case

Traghetti Case

Unibet Case

Svenska staten (Swedish State) v Stockholm Lindöpark AB and Stockholm Lindöpark AB v Svenska staten (Swedish State).