The principle of State liability for loss or damage caused to individuals in breach of EU law for which the State can be held responsible is inherent in the system of the Treaties that fact has been repeatedly asserted by the Court. ( 2) Individuals harmed have a right to reparation where three conditions are met: the rule of EU law infringed must be intended to confer rights on them the breach of that rule must be sufficiently serious and there must be a direct causal link between the breach and the loss or damage sustained by the individuals. ( 3)Ģ.
(Failure of a Member State to fulfil obligations – Breach of EU law by the Spanish legislature – Loss or damage caused to individuals – National legislation aligning the rules on the liability of the State as legislature for breaches of EU law with the rules laid down for breaches of the Spanish Constitution by acts of the legislature – Compensation made impossible or excessively difficult – Principles of effectiveness and equivalence)ġ.
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