(4) Actions against the State – the Francovich Principle : An individual may suffer financial loss as a result of a State’s failure to implement a directive or implement it correctly. In such a case, there may be a remedy against the State. This principle was established in Francovich.

doi:10.4324/9781843145585-25

Chapter

(4) Actions against the State – the Francovich Principle

ABSTRACT

The full effectiveness of Community rules would be impaired and the protection of the rights which they grant would be weakened if individuals were unable to obtain redress when their rights are infringed by a breach of Community law for which a Member State can be held responsible.