Bottom Up or Rock Bottom Harmonization? Francovich State Liability in National Courts

Summary:

This article presents the first results of a research project on the application of Francovich State liability by national courts.

Research has been undertaken in ten Member States to identify all the cases in which State liability on the basis of the Francovich criteria was claimed in national courts. For each case, researchers completed a case sheet and subsequently wrote a short report with the results for their Member State.

The conclusion analyses some of the trends. It is clear that, while national courts have not opposed the application of the conditions for Francovich State liability, they are still struggling to integrate these conditions in their national laws on State liability. The result can only be described as something of a hybrid, which requires further analysis.