Brasserie du Pêcheur (1996): Clarifying the Principle of State Liability
“When a Member State breaches EU law, individuals can claim damages from the State.” The Brasserie du Pêcheur judgment fleshed out this principle in detail.
Hello! Today we’re looking at Brasserie du Pêcheur (1996). The principle of state liability first announced in Francovich was refined here with concrete conditions. Studying this case, I realized: “State responsibility for EU-law breaches isn’t just theory—it actually works as a practical remedy.” Let’s move through the facts, the doctrine, and the judgment’s continuing significance.
Contents
Background and Facts
The dispute arose when a German brewery could not export its products to other Member States due to the national Biersteuergesetz (Beer Purity Law). That law limited beer ingredients to water, barley, hops, and yeast, effectively blocking beers from other Member States from entering the German market. Despite potential incompatibility with EU law, Germany maintained the measure. The company claimed substantial losses and brought a state-liability action for damages.
Core Issue: Conditions for State Liability
The key question was how to specify the conditions under which a State must compensate for breaches of EU law. Francovich had established the principle, but its requirements were not yet clear. In this case, the CJEU set out detailed criteria.
| Requirement | Explanation | Application |
|---|---|---|
| Right-conferring rule | The breached norm must confer rights on individuals | Free movement of goods protects firms’ market-access rights |
| Sufficiently serious breach | The State’s breach must be manifest and grave | Germany’s purity law clearly conflicted with EU law |
| Causal link | A direct causal connection between the breach and the loss | Export barriers led to the company’s economic loss |
The Court’s Judgment and Reasoning
The CJEU reaffirmed that state liability is a general principle of EU law and set out concrete requirements. The core reasoning:
- State liability applies not only to failures to implement directives but to all breaches of EU law.
- Where the breach is manifest and sufficiently serious, the State is liable in damages.
- Claimants must prove the right-conferring rule, the serious breach, and a causal link to their loss.
Impact on the EU Legal Order
The judgment generalized state liability across the EU legal order. Whereas Francovich concerned a failure to implement a directive, this case clarified that any form of EU-law breach can trigger State liability. As a result, Member States must factor EU law into legislative, administrative, and judicial activity, and individuals have a clearer path to redress against the State.
Criticism and Academic Debate
Still, critics worried that the ruling broadened Member State liability too far. Debates focused on the perceived vagueness of “sufficiently serious breach” and whether judicial decisions could also ground State liability. Scholars continue to probe the balance between State autonomy and individual redress.
| Perspective | Main Argument |
|---|---|
| Critical | Excessive fiscal burden on States; “serious breach” standard is unclear |
| Supportive | Essential to ensure effet utile and to reinforce protection of individual rights |
Contemporary Significance and Takeaways
Today, Brasserie du Pêcheur sits at the center of the state liability line of cases, read alongside Factortame III and Köbler. While responsibility extending to legislative and judicial acts remains debated, its role in protecting individual rights is secure. Key takeaways:
- Extends the Francovich principle to all breaches of EU law
- Recognizes liability potentially covering legislative and judicial acts
- Remains a core device to ensure the effectiveness of EU law
Frequently Asked Questions (FAQ)
A French brewery’s access to the German market was blocked by Germany’s beer purity rules, prompting a damages action for breach of EU law.
How to define the conditions under which individuals can claim damages from a Member State for breaches of EU law.
(1) breach of a right-conferring rule, (2) a sufficiently serious breach, and (3) a causal link between the breach and the damage.
It expanded state liability beyond non-implementation of directives to all types of EU-law breaches.
Some criticize the vagueness of the “serious breach” test and possible fiscal burdens; others welcome stronger protection of individual rights.
Yes. It sits alongside Factortame III and Köbler at the core of state-liability jurisprudence.
In Closing
Brasserie du Pêcheur (1996) elevated state liability from an abstract idea to a practical tool. When you study, check these three items: existence of a right-conferring rule, a sufficiently serious breach, and a causal link. Also consider how domestic procedural law—limitation periods, burden of proof, and quantification of loss—interacts with EU requirements. If you have a tricky fact pattern, drop it in the comments. I’ll help break it down by each requirement and build a clean argument structure. 🙂
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