Cooper v Attorney General – WLR Daily

Posted May 14th, 2010 in appeals, attorney general, damages, judicial review, law reports by sally

Cooper v Attorney General  [2010] EWCA Civ 464; [2010] WLR (D) 122

“The obligation of a member states to make good damage caused to individuals by infringements of Community law for which they were responsible also applied where the alleged infringement stemmed from a decision of a court adjudicating at last instance where the rule of Community law infringed was intended to confer rights on individuals, the breach was sufficiently serious and there was a direct causal link between that breach and the loss or damage sustained by the injured parties. In assessing whether there had been a sufficiently serious breach, domestic case law in particular carried weight where it purported to interpret and apply the relevant Community law.”

WLR Daily, 13th May 2010


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