State responsibility — Breach of treaty obligations — Breach of European Community law for which Member State responsible — Principle of State liability for damage caused to individuals — Whether inherent in treaty system — Whether applicable even where provision of European Community law breached is directly effective and can be relied upon by individuals before national courts — Whether applicable where breach attributable to national legislature — Whether State regarded as single entity in respect of liability for breaches of international commitments irrespective of organ responsible
Treaties — Interpretation — EC Treaty — Role of Court of Justice of European Community under Article 164 of Treaty — Interpretation by reference to fundamental principles of Community legal system and general principles common to legal systems of Member States — Principle of State liability for breaches of Community law — Whether inherent in treaty system — Reference to Article 215 of Treaty concerning non-contractual liability of Community institutions — Whether evidence of general principle that public authorities should make good damage caused in performance of their duties
State responsibility — Breach of treaty obligations — Breach of Community law for which Member State responsible — Conditions for State liability — Whether governed by Community law or national law — Whether conditions in principle the same whether Member State or Community institution incurring liability — Requirement that breach of Community law be sufficiently serious — Test of whether Member State or Community institution has manifestly and gravely disregarded the limits of its discretion — Whether any requirement to prove fault — Scope of applicability of national rules on liability — Requirement that conditions should be no less favourable than those applicable to similar domestic claims
Damages — Grounds for awarding damages — Breaches of Community law for which Member State responsible — Loss suffered by individuals — Scope of right to reparation under Community law — Community rules governing claims brought before national courts against Member States — Requirement that reparation must be commensurate with loss or damage sustained — Requirement that loss of profits must be claimable — Requirement that exemplary or other special damages must be available if such damages could be awarded under domestic law — Requirement that reparation should also cover loss sustained prior to court judgment finding infringement of Community law
International organizations — European Community — Liability of Member States for breaches of treaty obligations causing loss to individuals — Breach attributable to national legislature — Whether claims can be brought by individuals before national courts — Conditions for liability — Scope of right to reparation — The law of the European Community
