Francovich established three elements for a successful claim:
(1) The instrument in question (the directive) must have been designed to confer a specific right
(2) This right must be clear, in the sense that it is evidently articulable.
(3) The claimant's loss must have been caused by the state's actions / inactions. Simple causation.
Brasserie du Pêcher synthesised (1) and (2) and added another criterion.
(1) The instrument must confer a specific right, which is evidentially articulable.
(2) The breach must be "sufficiently serious"
(3) The claimant's loss must have been caused by the state's actions / inactions. Simple causation
In relation to "sufficiently serious" if a Member States refuses to implement a Directive, or takes no action whatsoever to do so, the breach will be prima facie sufficiently serious - see Dillenkoffer v Germany.