Francovich v. Italian Republic Bonifaci and Others v. Italian Republic

Abstract

Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — Directives — Direct effect — Conditions — Failure of Member State to implement provisions of directive by specified time — Whether directive may be relied upon by individuals before municipal courts — Whether provisions sufficiently unconditional and precise — Margin of discretion left to Member States — Provisions involving choice from range of options — Whether “minimum obligation” incumbent upon Member States can be adequately defined

International organizations — EEC — Powers — Legislation — Directives enacted by Council — Direct effect — Directive conferring margin of discretion on Member States — Non-implementation within prescribed period — Directive requiring Member States to establish social benefit — Institution liable to provide benefit not identified — Whether directive can be relied upon by individuals to enforce payment against Member State in national courts — Option for Member States to set ceiling on amount of liability in accordance with social objective of directive — Whether such option can be relied upon by Member State to defeat direct effect of directive

International organizations — EEC — Liability of Member States — EEC Treaty, 1957 — Breach of Community law for which Member State responsible — Principle of State liability for harm caused to individuals by such breach — Whether inherent in treaty system — Conditions for State liability — Absence of Community legislation — Whether claim for compensation can be brought by individuals against State before national courts — Applicability of national rules on liability — Requirement that conditions should be no less favourable than those applicable to similar internal claims — Requirement that it should not be excessively difficult to obtain compensation

Relationship of international law and muncipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty — Article 189 — Directives — Whether capable of conferring rights on individuals

State responsibility — Responsibility based on fault — Breach of European Community law for which Member State responsible — Liability of State to pay compensation when non-compliance with Community norm causes harm to individuals — Principle of such liability — Conditions — Whether governed by Community or national law — The law of the European Economic Community