Remedies: overview of direct, indirect effect and state liability
Produced in partnership with Laura Bolado
Remedies: overview of direct, indirect effect and state liability

The following Public Law guidance note Produced in partnership with Laura Bolado provides comprehensive and up to date legal information covering:

  • Remedies: overview of direct, indirect effect and state liability
  • Direct effect
  • Indirect effect
  • State liability
  • What is to be understood as adequate reparation?
  • Conclusion

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In addition to the means of enforcement of EU law available to the EU institutions in the infringement procedure (including the referral to the Court of Justice of the EU—CJEU) there are some principles, developed by the CJEU, to enforce EU law at national level. That is to say there are remedies available to individuals when they face breaches of compliance with EU law. Those principles form part of the so called judicial enforcement of EU law and are: direct effect, indirect effect and state liability.

The development took place in the context of the preliminary ruling (Treaty on the Functioning of the European Union (TFEU), art 267 ) which