Dillenkofer v Germany
A complete failure to take any measures to implement a directive within the time limit is in itself a sufficiently serious breach of EU law.
Facts
Mr Dillenkofer and others had bought package holidays from tour operators that became insolvent, and they lost their money or were stranded abroad. An EU directive on package travel required Member States to ensure that consumers were protected against the insolvency of organisers, but Germany had not implemented it by the deadline. The consumers sued Germany for damages.
Legal principle
The Court of Justice held that Germany was liable. Failure to take any measure to transpose a directive in order to achieve the result it prescribes within the period laid down for that purpose constitutes per se a serious breach of EU law and consequently gives rise to a right of reparation for individuals suffering injury, if the result prescribed by the directive entails the grant of rights to individuals whose content is identifiable and there is a causal link. The conditions in Francovich and Brasserie du Pêcheur are the same in substance.
Related cases on indirect effect and state liability
- Adeneler v Ellinikos Organismos Galaktos (ELOG) Case C-212/04, [2006] ECR I-6057
- Brasserie du Pêcheur SA v Germany; R v Secretary of State for Transport, ex p Factortame Ltd (No 3) Joined Cases C-46/93 and C-48/93, [1996] ECR I-1029
- Duke v GEC Reliance Ltd [1988] AC 618
- Francovich and Bonifaci v Italy Joined Cases C-6/90 and C-9/90, [1991] ECR I-5357
- Köbler v Austria Case C-224/01, [2003] ECR I-10239
- Litster v Forth Dry Dock & Engineering Co Ltd [1990] 1 AC 546
- Marleasing SA v La Comercial Internacional de Alimentación SA Case C-106/89, [1990] ECR I-4135
- Officier van Justitie v Kolpinghuis Nijmegen BV Case 80/86, [1987] ECR 3969
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