ECJ clarifies principles of state liability for breach of EC rules
Article Abstract:
The European Court of Justice's 1996 Factortame and Brasserie du Pecheur decisions confirm the state liability principles set forth in the 1992 Francovich decision. The decisions may obligate the UK government to pay damages for its breaches of EC law, if the breaches are considered serious. Damages must adequately compensate persons for losses caused by such breaches, as in the Factortame case, where Spanish fishermen suffered losses due to Merchant Shipping Act registration requirements.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1996
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New limit on liability for breach of EC Directives
Article Abstract:
The European Court of Justice's 1996 British Telecommunications decision adds liability limits for breaches in implementation of European Community Directives by requiring alleged breaches to be shown to be sufficiently serious. The decision holds the UK's breach to be insufficiently serious, which implies states may have greater discretion in implementing Directives. A sufficiently serious breach is characterized by a state's grave disregard of the limits of its legislative powers.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
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