failed to implement directive concerning protection of employees.
employer went insolvent leaving her with substantial arrears of wages unpaid.
damages from Italian government.
held such action sustainable.
of directive did not have direct effect, but action could nevertheless be
based on general provisions of Treaty –
effectiveness of EC law would be called into question, and protection of EC law
rights weakened, if individuals could not obtain compensation in such circumstances.
conditions for liability would depend on nature of infringement which gave rise
cases of non-implementation of directive, 3 conditions must be satisfied:
Directive, if applied, must confer rights on individuals.
Content of these rights must be apparent from the directive
Must be causal link between failure to implement directive and loss suffered by