Describe the test used by the Court in determining the preconditions of state liability. What was the relevance of the fact that the case dealt with a non-implemented “directive”?

Description

Two questions:

1. Describe the concept of the “preliminary rulings procedure” (Article 267 TFEU). – 1000 words

//what’s it? why is it needed? “the procedure” etc..

2. In Frankovich 1991 (see material 1), the ECJ developed the principle that Member-States can be liable for violations of EU law.

– Describe the test used by the Court in determining the preconditions of state liability. What was the relevance of the fact that the case dealt with a non-implemented “directive”?

– 2000 words