State Liability

Question 1

Francovich 1991

Answer 1

directive not implemented, Italy liable

Question 2

Rowe v Landwirtcherfskammer 1976

Answer 2

up to the MS to designate how to protect rights under EU law

Question 3

Unibet 2007

Answer 3

detailed procedural rules governing actions for safeguarding rights under EU law must not be less favourable than those governing similar domestic actions (equivalence principle)

Question 4

Koebler 2003

Answer 4

courts adjudicating at last instance must refer EU law cases to the ECJ, can only be incurred in very exceptional cases where the court has manifestly disregaded the applicable

Question 5

Brasserie du Perchur 1993

Answer 5

conditions for SL: breach sufficiently serious, law intends to confer individual rights, causal link between breach and loss the individual suffered

Question 6

ex parte BT 1996

Answer 6

breach not sufficiently serious as the MS genuinely tried to comply with EU law, also the article imprecise

Question 7

Denkavit 1996

Answer 7

MS made a mistake because of lack of EU’s guidance, breach not sufficiently serious

Question 8

Hedley Lomas 1994

Answer 8

not to the UK to examine slaughterhouses in Spain because UK had no discretion here, sufficiently serious breach found