P5; CH7: State liability towards Individuals

Question 1

When does State liability arises towards individuals?

Answer 1

As an indirect remedy, State liability arises from the conduct of a MS whose wrongful actions or omissions are at the origin of an injury, loss or damage towards Individuals

Question 2

What are the conditions for the State liability towards individuals to arise?

Answer 2

The Right to compensation for damages is established if:
a) the result prescribed by a directive entails the attribution of rights to natural or legal persons
b) the provisions of the directive identify the content of such rights
c) there is a casual link between the failure of the state to fulfill its obligations and the damage suffered by the applicant