Economics 3366A/B Study Guide - Quiz Guide: Preliminary Ruling
24 Sep 2020
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This case gave the condition of the claim for state liability for damages. There was a breach of the free movements of goods and the company claimed that the breach caused a loss to their company and claimed damages. The conditions are: (1) we have to have a manifest breach and (2) there must be a causal link between the breach and the damages. Dillenkofer (usualy we refer to francovich or brasserie du p cheur, dilenkofer is not so used). It is only used to say that it is always a manifest breach is the directive is not implemented on time. The highest national court ruled incorrectly that no breach of eu law. The state liability should also apply to judges of last instance. Breach by national authorities in the case of state liability: Francovich: legislative breach such as directives, art. 4 (3) teu and art. 288 tfeu.
