Action Against The Government Of Italy - 894 Words

Francovich brought action against the government of Italy for failing to implement the Directive 80/987, that required the protection of employees in the event of their employer’s insolvency. Francovich and other applicants were owed wages by their employers who became bankrupt. Since they could not sue their employers (because that would involve horizontal effect which is not possible with a Directive) they sued the Government of Italy which had failed to apply the Directive that aimed to create institutions for compensating employees. In the first claim the European Court found that the Directive lacked of direct effect. However, EU Law would be enfeebled if citizens could not acquire remedy when their rights were breached by a state failing to comply with the EU Law obligations. Eventually, the Court of Justice in the second claim, decided based on the Article 5 EC that Italy failed to satisfy its Treaty obligations. So, Francovich set the three conditions under which an individual who suffered a detriment could bring proceedings directly against the member state. The first condition is that the outcome prescribed by the directive involves the grant of rights to individuals, the second condition is that it is essential to identify the content of those rights from the directive and lastly the third condition is that there must be a causal link between the Member State’s negligence and the detriment suffered by the individual. Nonetheless, the principle of stateShow MoreRelatedItaly Adopted A Realist Strategy868 Words   |  4 Pagesof this definition, it is possible to state that Italy adopted a realist strategy in non acting against Libya. In the lack of reaction and in not taking a strong line of action towards the African country, the aim of the Italian policy makers was to preserve the country’s own interests. 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