Chapter 9 Self-test questions

In Francovich v Italy (cases C-6 & 9/90) the Court of Justice ruled that the provisions of the Directive relied upon by the claimant were directly effective.

True

False

The Treaty basis for the doctrine of 'state liability' which was given in Francovich v Italy (Cases C-6 & 9/90) is Article 288 TFEU, which imposes an obligation on Member States to implement Directives, and _________________.

In Brasserie du Pêcheur SA v Germany the CJ clarified a number of unclear matters regarding the extent of Francovich v Italy (cases C-6 & 9/90). [Please select all that apply]

The principle of State liability is not confined to failure to implement EU directives.

Member States are liable for domestic acts or omissions in breach of Union law, whether or not the Union law has direct effect.

The principle of 'state liability' is only confined to Member States' failure to implement EU Directives which have direct effect.

Brasserie du Pêcheur SA v Germany refined the three conditions laid down in Francovich.

True

False

In Kobler v Austria (case C-224/01) the CJ confirmed that a State will incur liability for actions by its courts _______ for damage caused by a "manifest infring[ment]" of EU law.

What is the relationship between direct effect and state liability?

Direct effect and State liability are mutually exclusive

If direct effect is available then state liability will be as well, and vice versa

There is no clear answer, but the preferred position seems to see state liability as the approach of law resort.

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