Individuals have a right to claim damages for the failure to implement a Community Directive.
LMA The case concerned a failure to implement a Directive on package holidays.
Held: The breach by the German State was clearly inexcusable and was therefore sufficiently serious to warrant liability (no mention of conditions). Non transposition of Directive within the prescribed time limit of itself amounted to sufficiently serious breach (lack of discretion left to MS) An action in damages can be brought against the ‘State’ for failure to implement or defective implementation of a Directive.
Citations:
Times 14-Oct-1996, [1997] IRLR 60, C-178/94, [1996] EUECJ C-178/94
Links:
European
Updated: 19 May 2022; Ref: scu.79965
