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Report Thread starter 7 years ago
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Hi,

Can someone please help me.

I'm slightly confused on state liability. In a problem scenario do you apply the points under Francovich or Factortame III?

Thanks
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Katie_p
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Both. Factortame adds the sufficiently serious requirement to the Francovich conditions
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(Original post by Katie_p)
Both. Factortame adds the sufficiently serious requirement to the Francovich conditions
Thanks!

So I state the points under Factortame and Francovich and apply them all to the scenario?
My uni lecturer didn't really go through this properly, she literally spent a minute or so on state liability but went into depth with direct/indirect
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Katie_p
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Yep, pretty much. I'd list the Francovich, test them, then state Factortame and test it, because it makes it more obvious that you know the case law.
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(Original post by Katie_p)
Yep, pretty much. I'd list the Francovich, test them, then state Factortame and test it, because it makes it more obvious that you know the case law.
Okay great! Thanks a lot for your help
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