ABSTRACT
Summary 346
12.1 Introduction 347
12.2 The establishment of the principle of Member State liability 348
12.3 The development of the principle of Member State liability 349
12.4 A breach of EC law by a Supreme Court of a Member State 355
12.5 The application of the principle of state liability in the UK – the Factortame case 359
12.6 National procedural autonomy and the principle of Member State liability 361
Aide-mémoire 364
SUMMARY
1. The principle of Member State liability was established in Joined Cases C-6&9/90 Francovich v Italy and Bonifaci v Italy in which the ECJ stated that “a principle of State liability for damage to individuals caused by a breach of Community law for which it [a Member State] is responsible is inherent in the scheme of the Treaty”. 2. In subsequent cases the ECJ has clarified the conditions which must exist for a Member State to incur liability. These are that:
The rule of law which has been infringed must be one which is intended to confer rights on individuals;
The breach must be sufficiently serious to merit an award of damages; and
There must be a direct causal link between the Member State’s default and the loss suffered by the applicant.
