CO SCI 136 Lecture Notes - Lecture 14: Preliminary Ruling
Document Summary
Chapte r 5: me mbe r state s liabi lity i n damage s: the meaning of member state" for this purpose of damages claim. If national legislation conflicts with eu law, the principle of member state liability applies. Enactment of national legislation contrary to eu law: factortame iii. The principles from francovich and factortame iii apply where a ms has failed to transpose a directive into national law correctly state is liable. The principle of state liability applies regardless of whether the breach was committed by the legislature, the executive or the judiciary. The applicant must prove that the eu law which has been breached confers rights on individuals. The eu law breached must be intended to confer rights on individuals. The decisive test for finding a breach of eu law to be sufficiently serious is whether the member state had manifestly and gravely disregarded the limits on its discretion.
