Brasserie du Pecheur [1996]

French
company forced to discontinue selling beer in Germany because it did not meet
purity requirements of German law.
Previous
ECJ decision has held this prohibition contravened free movement of goods
provision in Treaty.
French
company sought damages.
ECJ
held principle that member states obliged to make good losses or damage caused
to individuals by their breaches of EC law holds good whatever the organ of
state whose act or omission is responsible.
Individuals
entitled to reparation where:
1.
Rule breached is intended to confer rights upon them.           
2.
Rule breached is sufficiently serious.
Test
for sufficient seriousness is whether mem state manifestly and gravely
disregarded the limits on its discretion.
3.
Where there is direct causal link between breach and damage suffered by
individuals.