Deck 12: Member State Liability for Damage Caused to Individuals by a Breach of EU Law for Which It Is Responsible

Question 1

What principle was established in Joined Cases C-6 & 9/90 Francovich & Boniface?

A) The principle for State liability.
B) The principle of direct effect.
C) The principle of indirect effect.

Answer 1

A

Question 2

Which of the following conditions must be satisfied by a claimant who alleges that he has suffered loss as a result of a Member State

A) He must be a national of that Member State
B) The breach must be sufficiently serious to merit an award of damages
C) The damage suffered Exceed

Answer 2

B

Question 3

What were the main justifications provided by the ECJ in Joined Cases C-6/90 and C-9/90 Francovich for the establishment of the principle of State liability?

A) The necessity to ensure that the Member States meet their obligations deriving from EU law.
B) The necessity to ensure that the Member States implement correctly and timely EU directives aimed at the creation of the internal market bearing in mind that the deadline for the establishment of the internal market was approaching.
C) The peculiarity of the EU legal system, the necessity of ensuring the effectiveness of EU law and the requirements of Article 4(3) TFEU.

Answer 3

C

Question 4

What did the ECJ decide in Case C-224/01 K

A) There could never be any State liability for a breach of EU law attributable to a supreme court of a Member State.
B) There is a possibility for the principle of State liability being applicable in such a situation.
C) A Member State always incurs liability for a breach of EU law attributable to its supreme court.

Question 5

What was the name of the statute that led to the Factortame disputes?

A) The European Communities Act 1972
B) The Sex Discrimination Act 1976
C) The Merchant Shipping Act 1988