JN204 Lecture Notes - Lecture 14: Bt Group
19 Nov 2020
School
Department
Course
Professor
Document Summary
State liability brasserie du pecheur & factortame (no. Manifestly and gravely disregard the limits on its discretion : factors to be taken into account according to court, 1) clarity and precision of rule breached r v h. m. treasury, ex parte. British telecom (c-392/93): 2) measure of discretion left to m. s. R v ministry of agriculture, ex parte. Hedley lomas (c-5/94): 3) infringement and damage intentional/voluntary dillenkofer (t- 178, 179 & 188-90/94): 4) error of law excusable or inexcusable, 5) whether a community institution contributed to omission, 6) adoption or retention of national measures or practices contrary to. : the commission shall ensure the application of the treaties and measures adopted by the institutions pursuant to them. : duty implemented by art. 258 t. f. e. u. Member state has failed to fulfil an obligation under the treaties, it shall deliver a reasoned opinion on the matter after giving the state concerned the opportunity to submit its observations.
