Development of Case Law After the Brasserie Judgment
- 880 Downloads
The sections that follow do not address the three requirements of State liability under Brasserie/Factortame III and analyze the relevant case law in relation to them in a sequential manner. The reason for this is that case law has shown that the first and third conditions could be, and were, utilized by the European Court as potential instruments in limiting State liability in cases when the second condition was deemed fulfilled. That is why the establishment of a sufficiently serious breach marks the beginning of the following examination into the matter.
KeywordsCouncil Directive National Court Preliminary Ruling British Telecom State Liability
Unable to display preview. Download preview PDF.