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Judgment of the Court of Justice, Francovich, Joined Cases C_6/90 and C_9/90 (19 November 1991)
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Judgment of the Court of Justice, Francovich, Joined Cases C_6/90 and C_9/90 (19 November 1991)

The Francovich judgment lays down the principle of the liability of the State with regard to individuals for damages deriving from the failure to transpose a directive. The obligation of the State to make reparation applies regardless of the direct effect of the directive: even if the provisions which confer rights on individuals are not sufficiently precise and unconditional for them to be directly invoked, damage is considered to have been caused to the individual owing to the nonfulfilment of the State.

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Title Judgment of the Court of Justice, Francovich, Joined Cases C_6/90 and C_9/90 (19 November 1991)
Document type Text
Source Court of Justice of the European Communities (CJEC), Judgment of 19 November 1991, Andrea Francovich and Others v Italian Republic, Joined Cases C-6/90 and C-9/90, in Reports of Cases before the Court of Justice and the Court of First Instance. 1991, p. 5357.
Keywords damage, EC Directive, enjoyment of rights, infringement of Community law, judgment of the EC Court, liability, national implementing measure, preliminary issue
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Caption The Francovich judgment lays down the principle of the liability of the State with regard to individuals for damages deriving from the failure to transpose a directive. The obligation of the State to make reparation applies regardless of the direct effect of the directive: even if the provisions which confer rights on individuals are not sufficiently precise and unconditional for them to be directly invoked, damage is considered to have been caused to the individual owing to the nonfulfilment of the State.
Location in the digital library RESEARCH AND TEACHING >> University education >> EU Constitutional Law (Prof. Herwig Hofmann, University of Luxembourg, 2nd edition, 2010) >> X. EU law enforcement and remedies
EUROPEAN ORGANISATIONS >> European Union >> The EU institutions >> Court of Justice >> Powers >> Case-law
Document extract Joined Cases C-6/90 and C-9/90 Andrea Francovich and Others v Italian Republic (References for a preliminary ruling from the Preture of Vicenza and Bassano del Grappa) (Failure to implement a directive - Liability of the Member State) […] Summary of the Judgment 1. Measures adopted by the institutions - Directives - Direct effect - Conditions - Variety of means by which prescribed result can be achieved - Irrelevant (EEC Treaty, Art. 189, third para.) 2. Social policy - Approximation of laws - Protection of employees in the event of the insolvency of the employer - Directive 80/987 - Articles 1 to 5 - Effects on relations between the State and individuals (Council Directive 80/987, Arts 1 to 5) 3. Community law - Rights conferred on individuals - Infringement by a Member State - Obligation to make reparation for the loss and damage caused to individuals (EEC Treaty, Art. 5) 4. Community law - Rights conferred on individuals - Breach by a Member State of the obligation to implement a directive - Obligation to make reparation for the loss and damage caused to individuals - Conditions - Detailed rules governing reparation - Application of national law - Li (...) Read more in ENA
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