DELANEY V SECRETARY OF STATE FOR TRANSPORT
For European lawyers, Delaney v Secretary of State for Transport  EWHC 1785, is a rare example of a claimant not only successfully meeting the preconditions for the recovery of Francovich damages, but doing so in circumstances where there was no underlying finding by the European institutions that the UK was in breach of its obligations under EU law. The judgment also contains a particularly illuminating discussion of the proper approach the question of whether a breach of EU law is “sufficiently serious” for the purpose of Francovich damages claims.
The comments made in this case note are wholly personal and do not reflect the views of any other members of Monckton Chambers, its tenants or clients.
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