Member State liability for damage caused to individuals by a breach of EU Law for which it is responsible

The principle that a Member State should be liable in damages to individuals who have suffered loss as a result of that Member State’s infringement of EU law is today one of the cornerstones of EU law. The main justifi cations for its introduction into EU law, mentioned by the ECJ in Joined Cases C-6/90 and C-9/90 Francovich,704 were the peculiarity of the EU legal system, the necessity of ensuring the effectiveness of EU law, and the requirements of Article 4(3) TFEU.