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Case C-208/90 Emmott [1991]

Facts

  • A directive increased the time limit available for a social security claim to be made
  • Ireland failed to implement this directive
  • Had Ireland implemented the directive, Emmott’s claim would have been within the time limit

Issue

  • Could Emmott recover under state liability?

Decision

  • Yes

Reasoning

  • A state may not take advantage of its own wrongdoing
  • A state may be estopped from denying an effective remedy where the denial is caused by the Member States’ own failure to implement a directive
  • The effect of this case has been limited to its own exceptional circumstances by Johnson [1994]
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