From Francovich to Brasserie du Pecheur Essay Example | Topics and Well Written Essays - 3500 words

From Francovich to Brasserie du Pecheur - Essay Example Francovich5 is a landmark case because it established the fact that European Community law confers certain rights on individuals and if there is an infringement of these rights by a Member State, then the State will be legally and financially liable and will have to make reparation to the individuals concerned for the losses and damages sustained by them due the Member State’s breach of Community law. Application of national law where individual rights may be violated, will be limited by the obligation of the Member States to implement the EU Directives. Francovich, Bonfaci and others filed the suit against Italy for failure to implement the provisions of a European Directive that was not directly effective in Italy and required payment of unpaid wages to individuals in the event of the insolvency of their employer. Italy was held liable for damages to be paid to the Plaintiffs. In specific reference to the damages sustained by individuals and the obligation of the Member Stat e to assume liability, the Court relied upon Article 5 of the EEC Treaty in establishing that such a principle was inherent in the Treaty. State liability had earlier been established in other cases, where the supremacy of individual rights had been established to the extent of requiring states to be liable if those rights were infringed.