State Liability

Question 1

Does direct effect impact the ability to claim damages when MS breaches EU Law

Answer 1

Yes claim in damages when MS breaches EU law only in the absence of direct effect

Question 2

Francovich damages

Answer 2

Failure to implement a directive

Grants rights to individuals
Can identify those rights
Causal link between failure and loss

Question 3

Factortame 3 damages

Answer 3

When MS infringes EU law

Rule intended to confer rights on individuals
Breach must be sufficiently serious
Causal link between breach and damage

Question 4

What is a sufficiently serious breach

Answer 4

Grave and manifest disregard of limits of discretion

Question 5

Can liability arise due to incorrect implementation of a directive

Answer 5

Yes

Question 6

Right to Francovich or factortame 3 damages after brexit

Answer 6

No right in domestic law on or after exit day to these damages.

2 years from exit day to claim for something occurring before exit day

Directives that have been incorrectly implemented at exit day will be incapable of direct effect