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.

Citation
Joined Cases C-178/94, C-179/94 and C-188/94 to C-190/94, [1996] ECR I-4845
Court
Court of Justice of the European Union
Year
1996
Subject
EU Law
Topic
Indirect effect and state liability

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.

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