Gain Immediate access to our Essays
FREE access exchanged for your work, or pay £9.99
... was decided that the State should not be allowed to benefit from its own failure to implement EC law properly. However, if the factory not a State body, Mary would not be able to sue it for polluting the water, since it would not be bound by the directive. However, the government is in breach of its Treaty obligations in not passing the directive into national law within the time limit prescribed in the directive. In Francovich and Others v Italian State (Cases 6/90 and C-9/90 [1991] ECR I-5357, the Italian government had failed to implement a directive in accordance with the aims of the EC. The ECJ came to the conclusion that the State could indeed be found liable for breaching EC law in this way. It set conditions which should be met in order for compensation to be awarded: the directive should grant rights to individuals which are ...