Remedies

Question 1

remedy prescribed by

Answer 1

EU law (SL test)

Question 2

enforced in national legal systems according to (1 plus 4 subheadings)

Answer 2

different procedural or substantive rules re;

• time limits
• causation
• mitigation
• assessment of loss

Question 3

2 limits to those national rules by eu law

Answer 3

equivalence

effectiveness

Question 4

extent of compensation must be

Answer 4

commensurate with losses

Question 5

brasserie and factortame III 
Art 19(1) sub-paragraph (2) TEU

Answer 5

MS shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law

Question 6

SL summary

CJEU case law; 2 aims

Answer 6

effective and uniform application of EU law

full enforcement of rights granted to individuals by EU law

Question 7

SL summary
CJEU case law
full enforcement of rights granted to individuals by EU law (plus case)

Answer 7

includes protection of reparation of damage suffered through application of conflicting national law
Hedley Lomas

Question 8

SL summary

SL available for breaches of…

Answer 8

any EU law rights, whether DE or not

Question 9

SL summary

action for damages not precluded by… plus case

Answer 9

availability of remedy based on DE

factortame III

Question 10

SL summary

sufficiently serious breach is more likely to arise if… (3)

Answer 10

• The breach has been clearly established by an enforcement (art 258 TFEU) or preliminary ruling (Art 267 TFEU) or can be clearly established on basis of CJEU case law
• MS enjoys no/ minimal discretion , OR if it contains a margin it manifestly and gravely exceeds limits
• A national last instance court manifestly infringes the applicable law, especially if it manifestly breaches settled CJEU case law

Question 11

SL summary
Breach is sufficiently serious if MS enjoys marginal discretion, but it manifestly and gravely exceeds limits, especially if… (3)

Answer 11

• Fails to implement Dir within time limit or sets temporal limits on effects of provisions
• Adopts national law conflicting with precisely worded EU provision notwithstanding clear guidance from CJEU/ EU institutions
• Adopts its own interpretation which is manifestly contrary to the wording and objectives of the provision and fails to provide a strong supporting case