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Case C-46 and48/93 Brasserie du Pecheur and Factortame III

[1996] ECR I-1029

Case summary last updated at 05/02/2020 15:07 by the Oxbridge Notes in-house law team.

Judgement for the case Case C-46 and48/93 Brasserie du Pecheur and Factortame III

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. 

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