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  • Essay / The Case of Francova: The Case of the Francovich Affair - 718

    In the Francovich case, the employees were all left with unpaid wages when their companies went bankrupt. Before reporting the incident to the Court of Justice, the Italian courts first launched proceedings. The Court established that workers could not assert any directly effective rights for the relevant public contracts of the Directive that were unequivocally necessary. However, failing to be able to identify the provider of the guarantee, the Court then shifted to the question of the liability of the State so that it produces losses of property suffered by individuals as a consequence of the inability to provide implemented. The Court recognized that this was perhaps an issue which could have been examined in light of the Treaty framework and its key standards. Thus, the Court decided that individuals have the privilege of receiving compensation in the event of violation of the obligation of Member States to execute Community law, given that conditions such as, the directive must present the conferral of rights for the benefit of people and their substance must be recognized in the expression of the extent of this directive and there must be a pleasant connection between the continued harm and the impotence to implement a directive, if