Failure to implement EC law: New compensation principles?

An important judgement concerning the principles under which Member States should compensate individuals for their failure to implement EC Directives was delivered by the European Court of Justice at the end of 1991.

Frankovitch and Others v Italian Republic (Case C-6/90 and C-9/90, Times European Law Report, 20 November 1991) did not directly concern an environmental Directive but may have significant implications in the environmental field, where the vast majority of EC laws have taken the form of Directives and where there remain major deficiencies in implementation by many Member States.

The case concerned Directive 80/987, which aimed to ensu

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