«(Principle of Member State liability for damage caused to individuals by breaches of Community law attributable to the State – Breaches attributable to the national legislature – Conditions for State liability – Extent of reparation)»

1.. Community law – Rights conferred on individuals – Infringement by a Member State – Obligation to make good damage caused to individuals – Directly applicable nature of the provision infringed – No effect

2.. Community law – Breach by Member States – Consequences – No express, specific provisions in the Treaty – Definition by the Court of Justice – Method (EEC Treaty, Art. 164)

3.. Community law – Rights conferred on individuals – Infringement by a Member State – Obligation to make good damage caused to individuals – Infringement attributable to the national legislature – No effect

4.. Community law – Rights conferred on individuals – Infringement by a Member State – Infringement attributable to the national legislature having a wide discretion to make legislative choices – Obligation to make good damage caused to individuals – Conditions – Manner of reparation – Application of national law – Limits (EEC Treaty, Arts 5 and 215, second para.)

5.. Community law – Rights conferred on individuals – Infringement by a Member State – Obligation to make good damage caused to individuals – Determination of the damage for which reparation may be granted – Application of national law – Limits

6.. Community law – Rights conferred on individuals – Infringement by a Member State – Obligation to make good damage caused to individuals – Conditions – Reparation limited to damage sustained after delivery of a judgment finding the relevant infringement – Not permissible

JUDGMENT OF THE COURT 5 March 1996 (1)

((Principle of Member State liability for damage caused to individuals by breaches of Community law attributable to the State – Breaches attributable to the national legislature – Conditions for State liability – Extent of reparation))

In Joined Cases C-46/93 and C-48/93,

REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundesgerichtshof (Case C-46/93) and by the High Court of Justice, Queen's Bench Division, Divisional Court (Case C-48/93) for a preliminary ruling in the proceedings pending before those courts between

and

and between

and

on the interpretation of the principle of the liability of the State for damage caused to individuals by breaches of Community law attributable to the State,

THE COURT,,

composed of: G.C. Rodríguez Iglesias (Rapporteur), President, C.N. Kakouris, D.A.O. Edward and G. Hirsch (Presidents of Chambers), G.F. Mancini, F.A. Schockweiler, J.C. Moitinho de Almeida, C. Gulmann and J.L. Murray, Judges,

Advocate General: G. Tesauro,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Brasserie du Pêcheur SA, represented by H. Büttner and P. Soler-Couteaux, of the Strasbourg Bar; claimants 1 to 36 and 38 to 84 in Case C-48/93, represented by D. Vaughan, G. Barling, D. Anderson and S. Swabey; claimants 85 to 97 in Case C-48/93, represented by N. Green; the 37th claimant in Case C-48/93, represented by N. Forwood and P. Duffy; the German Government, represented by J. Sedemund; the United Kingdom, represented by Sir Nicholas Lyell QC, Attorney General, S. Richards, C. Vajda and J.E. Collins; the Danish Government, represented by P. Biering, Legal Adviser in the Ministry of Foreign Affairs, acting as Agent; the Greek Government, represented by F. Georgakopoulos, Assistant Legal Adviser to the State Legal Council, acting as Agent; the Spanish Government, represented by R. Silva de Lapuerta and G. Calvo Díaz; the French Government, represented by C. de Salins; the Netherlands Government, represented by J.W. de Zwaan, Assistant Legal Adviser in the Ministry of Foreign Affairs, acting as Agent, and the Commission, represented by C. Timmermans, J. Pipkorn and C. Docksey, at the hearing on 25 October 1994,

after hearing the Opinion of the Advocate General at the sitting on 28 November 1995,

gives the following

On those grounds,

THE COURT,

in answer to the questions referred to it by the Bundesgerichtshof, by order of 28 January 1993, and by the High Court of Justice, Queen's Bench Division, Divisional Court, by order of 18 November 1992, hereby rules:

Rodríguez Iglesias

Kakouris

Edward

Hirsch

Mancini

Schockweiler

Moitinho de Almeida

Gulmann

Murray

Delivered in open court in Luxembourg on 5 March 1996.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President