State Liability in Damages Before Francovich
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One of the prominent challenges for the European Economic Community (EEC) at its outset, as it is for the European Union today, was the act of compelling compliance with its directives. It was well established that “[a] directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods”. The failure to transpose directives within specified time periods or transposition that was not efficient, such as incomplete or incorrect transposition, was one of the most significant problems in the legal order of the Community.
KeywordsMember State National Court Legal Basis Legal Order European Economic Community
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