NaimExplain

What case addressed state liability apply about the courts? Answer: Koebler

Who applies the test of whether the state has breached EU law sufficiently seriously? Answer: National courts, they apply the conditions for state liability

What criteria is given by the court to determine if a breach of EU law was manifestly and gravely disregarded? Answer: 1 clarity and precision of the EU law 2 discretion left to national authorities 3 intentional infringement 4 excusable error of law 5 did any EU institution contribute to the error

How do you determine whether the breach was sufficiently serious? Answer: Did the MS manifestly and gravely disregard the limits on its discretion?

Why did the court establish the principle of state liability? Answer: Directive, No direct effect as duty was not unconditional, no indirect effect because there were no implementing measures so no remedy for the applicant, court said effectiveness of EU law would be weakened if people suffered loss and there was no remedy