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Causation in Francovich : the neglected problem
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Smith, Fiona and Woods, Lorna (1997) Causation in Francovich : the neglected problem. International & Comparative Law Quarterly, 46 (4). doi:10.1017/S0020589300061273 ISSN 0020-5893.
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Official URL: http://dx.doi.org/10.1017/S0020589300061273
Abstract
When the European Court of Justice gave judgment in Francovich it was hailed as a triumph, not necessarily for its erudite reasoning, but because it allowed an individual to claim damages from a member State for its failure to comply with Community law obligations, thus providing a method of redress where previously none existed. Although the scope of the remedy was unclear and appeared superficially limited to the facts of the case, it represents the final element necessary to establish a coherent doctrine for the effective protection of an individual's Community law rights.
Item Type: | Journal Article | ||||
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Divisions: | Faculty of Social Sciences > School of Law Faculty of Science, Engineering and Medicine > Medicine > Warwick Medical School |
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Journal or Publication Title: | International & Comparative Law Quarterly | ||||
Publisher: | Cambridge University Press | ||||
ISSN: | 0020-5893 | ||||
Official Date: | 1997 | ||||
Dates: |
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Volume: | 46 | ||||
Number: | 4 | ||||
DOI: | 10.1017/S0020589300061273 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
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