Judgment of the Court of Justice, Brasserie du pêcheur and Factortame, Joined Cases C-46/93 and C-48/93 (5 March 1996)

In its judgment of 5 March 1996, in Joined Cases C-46/93 and C-48/93, Brasserie du Pêcheur and Factortame, the Court of Justice concludes that, where a breach of Community law by a Member State is attributable to the national legislature acting in a field in which it has a wide discretion to make legislative choices, individuals suffering loss or injury thereby are entitled to reparation where the rule of Community law breached is intended to confer rights upon them, the breach is sufficiently serious and there is a direct causal link between the breach and the damage sustained by the individuals.

Source and copyright

Source: CVRIA. Case-law: Numerical access to the case-law. [ON-LINE]. [Luxembourg]: Court of Justice of the European Communities, [30.05.2006]. C-46/93 and C-48/93. Available on http://curia.eu.int/en/content/juris/index.htm.

Copyright: (c) Court of Justice of the European Union

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