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More than 20 years have passed since the case of Andrea Francovich and Danila Bonifaci & Others v. Italian Republic where the European Court of Justice (ECJ) laid down the principle of Member State liability for the very first time. Such a development was quite revolutionary, because State liability, in particular for legislative or judicial breaches, was still an infrequent phenomenon in most European jurisdictions. In fact, an individual seeking claims for damages sustained by State authorities could only rely upon national laws, which at the time were not consistent.
KeywordsNational Court Private Enforceability Judicial Independence State Liability European Jurisdiction
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