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Francovich v Italy
''Francovich v Italy'' (1991) (C-6/90 ) was a decision of the European Court of Justice which established that European Union member states could be liable to pay compensation to individuals who suffered a loss by reason of the member state's failure to transpose an EU directive into national law. It is sometimes known as the principle of state liability in European Union law.
==Facts==
Under the Insolvency Protection Directive 80/987 (now 2008/94/EC) EU member states were expected to enact provisions in their national law to give a minimum level insurance for employees who had wages unpaid if their employers went insolvent. Mr Francovich, who had worked in Venice for CDN Elettronica SnC, was owed 6 million Lira, and Mr Bonifaci and 33 of his colleagues were owed 253 million Lira together after their company, Gaia Confezioni Srl, had gone bankrupt. The Directive was meant to be implemented by 1983, but five years later they had been paid nothing, as the company liquidators had informed them that no money was left. They brought a claim against the Italian state, arguing that it must pay damages to compensate for their losses instead, on account of a failure to implement the Directive.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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