Criado por Tatiana Nikolaid
mais de 9 anos atrás
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When is it difficult for individuals to invoke their rights based on Directives?
Francovich Case
Francovich
Principle of Sincere Cooperation
Francovich case
Determination of State Liability
Conditions of State Liability
(Francovich)
Discretion of MSs when it comes to State Liability
Limits on State Liability
Principle of Effectiveness
Von Colson
Principle of Effectiveness
Factortame I
Interim Relief
Brasserie Case
Conditions reasoning
Brasserie Case
Conditions for State Liability
2nd Condition
''Sufficiently serious breach''
2nd Condition
''Sufficiently Serious Breach''
What may be taken into consideration by the Court?
Condition 3
''Causal Link''
Determination
Francovich and Brasserie suggest three circumstances where liability will be easily found
Brasserie Case
Findings
Kobler v. Austria
Kobler v. Austria
''Res Judicata''
''Sufficiently Serious''
Other cases than Brasserie
When can State liability for an infringement of Community Law by a decision of a national court can incur?
Traghetti Case
Traghetti Case
Unibet Case
Svenska staten (Swedish State) v Stockholm Lindöpark AB and Stockholm Lindöpark AB v Svenska staten (Swedish State).