State liability Flashcards
What is the national procedural autonomy principle
Domestic courts apply EU law in accordance with their own national procedures
2 conditions of national procedural autonomy
Principle of equivalence
Principle of effectiveness
What is the principle of equivalence
domestic procedures must not be favoured over EU law
What is the principle of effectiveness
domestic provisions cannot inhibit/prevent application of EU law
What is state liability
Member states are liable for breach of EU law, to affected individuals/bodies
3 cumulative conditions of state liability
Infringed EU law conferred right on individual
Sufficiently serious breach
Causal link between breach and loss
example of sufficiently serious breach
Completely failing to implement EU directive - Dillenkofer case
Authority for conditions of state liability
Brasserie du Pecheur
Who is liable for breaches of EU law by domestic courts
Member states
When is state liability activated
Only where loss can be remedied by alternative means
Authority for state liability coming after other remedies
Sweden v Stockholm Lindopark
Damages awarded
Under law of member state
Was state liability retained
No
