Francovich claims are dead! Long live Francovich claims?’

“Paragraph 4 of Schedule 1 of the European Union (Withdrawal) Act 2018 (the ‘EUWA’) provides that there is generally ‘no right in domestic law on or after [the end of the transition period] to damages in accordance with the rule in Francovich’. As is well known, the rule in Francovich provides a cause of action in damages against an EU Member State for a breach of EU law. Whilst it may be thought to be slightly peculiar that the legislation refers to the principle of state liability in damages by reference to one case …” (more)

[Jack Williams, EU Relations Law, 29 June]

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