There were two claims for state compensation: (1) a company was in contravention of an unimplemented EU directive, after the required transposition date, prohibited from importing beer to Germany and sought state compensation. (2) Factortame wanted state compensation from England. The ECJ said that (1) the requirements of state liability occur regardless of which organ of the state was at fault. (2) the same requirements as those in Francovich applied, except that “sufficiently serious” is extended to any case involving a breach of EC law. (3) That compensation was not merely from the date of the judgement forward but for as long as the state had been failing to implement a directive and the claimant had been suffering as a result.
