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State Liability Notes

GDL Law Notes > GDL EU Law Notes

This is an extract of our State Liability document, which we sell as part of our GDL EU Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.

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STATE LIABILITY

The Principle of Procedural Autonomy

Rewe [1976]
 Was asked whether a trader had a right under EU law to require a national court to compel his third party competitor to comply with EU obligations.
 Court held that the Treaty "was not intended to create new remedies in the national courts to ensure the observance of Community law other than those already laid down by national law."
 When it comes to procedures, member states are autonomous when it comes to any claims. There is no
EU law duty on a member state to introduce special remedies for an EU law claim.
o Unibet [2007]
 The Principle of Cooperation
 Under Art.4 it is for the Member States to ensure judicial protection of an individual's rights under
Community law. Therefore national law cannot undermine right to effective judicial protection.
 The Principle of Equivalence:
 The remedy that exists for the domestic law claim should be equivalent to the one that exists for the
EU law claim.
 The Principle of Effectiveness
 The remedy that exists for an EU law claim should not make it impossible or excessively difficult in practice for a claim to be made.
 E.g. Factortame [1990]: a court which in those circumstances would grant interim relief, if it were not for a rule of national law, is obliged to set aside that rule.
In the treaties there is nothing about the principle of state liability for a violation of EU law.
o But Art 340 (2) declares union's liability for a breach by and of its institutions or servants of EU law.
o AZS v Council [1971]
 Held that the union may have to pay an individual if it violated EU law
 But this is not necessarily the case every time the
Union violated EU law - has to be a sufficient flagrant violation of a superior rule for protecting the individual.
 An action for damages can therefore be regarded as an independent, autonomous cause of action.
Francovich [1991]
o This introduces the principle of state liability

F was working in Italy when her employer declared bankruptcy. There was a directive, which Italy had failed to

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