This question required a focused and
thorough analysis of judicial protection that offered by European Union Law to
the private individuals. The question of whether Union Law directly provides
for a private law action in damages, against individuals who breach their
obligation under the Treaties, remains in something of a state of legal flux.
Thus, this essay will explore the doctrines of direct effect, indirect effect
and state liability that developed by EU law to ensure the judicial protection
for individuals along with the judgments in Francovich1
and Brasserie,2 in
relation to Member States, and the Courage3
case with relation to private parties.
1 Cases C-6/90 and C-9/90 Francovich
1991 ECR I-5357
2 Case C-46 and 48/931996 ECR I-1029 Brasserie du Pecheur/Factortame III
3 Case C-295-298/04 Courage
v Crehan 2001 ECR I-6297