Case C-479/93 Francovich 
- Directive [2008/94/EC] gives protection to employees, allowing them to make privileged claims against insolvent employers
- Italy failed to implement this directive
- Francovich’s employer became insolvent, owing money (wages) to Francovich and other employees
- Could Francovich recover unpaid money?
- Yet, but from the Italian government, not from his employer
- Directives are not horizontally directly effective, so could not be relied on
- There was no existing law to ‘stretch’ to enable Francovich’s claim, so the doctrine of indirect effect could not be used
- As Member States are obliged to implement EU law as required, the wrongdoing was on the part of the Italian Government, from which Francovich could recover
- This case created the doctrine of state liability, which provided that a citizen may recover compensation from their own Member State where:
- There is a directive intended to confer rights on the citizen
- The directive’s content is clear
- There is a causal link between a state’s incorrect/absence of interpretation and the citizen’s loss
Posted in EU Law Revision Notes.
This page was last updated on 30th April 2015