Phase 2; Intervention

Question 1

francovich (2)

Answer 1

birth of SL principle
individuals should be able to obtain redress if their rights are infringed by a breach of EU law for which a MS is liable

Question 2

francovich

need to ensure… (3)

Answer 2

full effectiveness of eu law

• rights granted to individuals by eu legal order
• duty of national courts to protect and give full effect to those rights

Question 3

francovich

three conditions

Answer 3

rights conferred on individuals
rights of identifiable content
causal link between breach and loss

Question 4

brasserie and factortame III (2)

Answer 4

reliance on francovich

extension of SL to any rule of EU law (not just Dir)

Question 5

brasserie and factortame III

three conditions

Answer 5

rule of EU law intended to confer rights on individuals
sufficiently serious breach of that rule
direct causal link between state breach and individual law

Question 6

factortame

evans

Answer 6

it is for national courts to assess whether breach is sufficiently serious, but taking into account CJEU criteria

Question 7

factortame

sufficiently serious breach criteria (5)

Answer 7

clarity and precision of rule breached
measure of discretion left by rule to national authorities
whether breach was intentional
whether any error of law is excusable
possible contributory position of eu institutions

Question 8

factortame

no sufficiently serious breach unless…

Answer 8

MS has manifestly and gravely exceeded the limits of its discretion

Question 9

factortame

breach is definitley sufficiently serious if….

Answer 9

it has been clearly established by CJEU ruling or can be established on the basis of settled case law

Question 10

francovich v factortame III

Answer 10

francovich - SL arising from breach of EU law through failed implementation of a Dir or any other area where MS have discretion
factortame III - if MS allowed margin of discretion, they must manifestly and gravely disregard it, causing sufficiently serious breach

Question 11

phase 2 intervention (2)

Answer 11

principle of SL in tort

a novel remedy (action for damages) prescriped by EU law (judge made)

Question 12

phase 2 intervention derived from… (2)

Answer 12

sui generis nature of eu legal order and

principle of loyal cooperation (art 4(3) teu)

Question 13

phase 2 intervention

right of

Answer 13

compensation for losses sustained as a result of sufficiently serious breach of eu law by the state