9. State liability
This chapter outlines the development of the state liability doctrine under European Union (EU) law following the Francovich v Italy case. It explains that the principle of state liability provides individuals with a tool before their national courts to secure the enforcement of their rights under EU law. The chapter examines the scope and the conditions for liability developed in subsequent cases such as Brasserie de Pêcheur and Factortame and considers that there may be many hurdles to overcome in establishing a successful claim. It analyses its relationship with other Treaty provisions dealing with non-contractual liability.