The claimants sought damages for the wrong interpretation of the law by the Ministry, which had restricted their rights to milk quota.
Held: Making an administrative decision which was in breach of European law was not enough in itself to justify a claim in damages, there had to be some misinterpretation of European law. The respondent acted bona fide, and made an excusable mistake as to the interpretation of a legislative provision which was not clear or precise. No claim for damages lay against them.
Mr Justice Latham
Unreported, 15 May 1995
England and Wales
Cited – Francovich, Bonifaci and others v Italy ECJ 19-Nov-1991
LMA The claimants, a group of ex-employees sought arrears of wages on their employers’ insolvency. The European Directive required Member States to provide a guarantee fund to ensure payment of employees’ arrears . .
Applied – Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4) ECJ 5-Mar-1996
Member states may be liable to individuals for their failure to implement EU laws. The right of individuals to rely on directly applicable provisions of the EC Treaty before national courts is not sufficient in itself to ensure full and complete . .
Cited – Regina v Ministry of Agriculture Fisheries and Food Ex Parte Hedley Lomas (Ireland) Ltd ECJ 23-May-1996
The wrongful prevention by a state of the lawful export of animals gave rise to a right to claim for damages.
LMA The UK had refused to grant licences for the export of live sheep to Spain, on the grounds . .
These lists may be incomplete.
Updated: 01 February 2021; Ref: scu.136186