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Frisky Lamb Disease Case Study

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Issue In 2003, an epidemic Frisky Lamb Disease overwhelmed farms in UK, causing premature death to lambs. Believing that the disease could be transmitted to people, the Commission adopted a Regulation banning export of lamb from UK to other Member States. Thence a slaughter and a vaccination policy the Commission restored the former Regulation on free movement, allowing UK to export lambs in accordance with the conditions stated in the Regulation. Nevertheless, France was still concerned with the matter of Frisky Lamb Disease and banned all imports of lamb coming from the UK. Mister Adam, an exporter of lamb was monetarily affected by the ban since most of his trade was within France. In the following paragraphs I will elaborate on whether Mr. Adam can bring a claim against France before a national court demanding compensation for the damage he had suffered due to the failure of the French Government …show more content…

Rule State liability was firstly addressed in Francovich case where a Member State failed to implement a Directive. In this case the ECJ ruled that ‘the Member States are obliged to make good loss and damage caused to individuals by breaches of Community Law for which they can be held responsible’ . Moreover, it said that ‘the conditions under which that liability gives rise to a right to reparation depend on the nature of the breach of Community Law giving rise to the loss and damage.’ State liability relies on Article 4(3) TEU on sincere cooperation. In order to determine State liability the Court provided three conditions that shall be met in order to gain the right for reparations. In Case C-46/93 Brasserie du Pecheur SA v Germany the Court extended its ruling by applying this conditions not only for breaches relating to the

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