1.
Does the issue relate to the non-implementation of a Directive by the Member State? (this should be obvious)
2.
Define State Liability.
3.
Outline the criteria in the Frankovich and Factortame cases and then decide which one is appropriate for the situation (the former applying to a serious breach, the latter to a less serious breach of EU Law).
4.
Decide whether those criteria are met and if the Member State is liable.
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Was the Directive clear or vague?
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Had the Commission given any guidance on the matter (via an Art. 267 reference)?
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Had there been any guidance in the case law of the ECJ?
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Had any other MSs made the same error?
Last reply 1 week ago
OCR A-level Law Paper 3 (H418/03) - 12th June 2023 [Exam Chat]Last reply 1 week ago
OCR A-level Law Paper 3 (H418/03) - 12th June 2023 [Exam Chat]