In light of the 20th anniversary of the ruling in Francovich Michael Haba analyzes the
principle of Member State Liability which provides a right to damages whenever EU law is
breached by Member States. His research ascertains that the doctrine evolved through three
stages before becoming the unified approach that it is today. The author emphasizes that the
principle's base lay at the outset of the EEC when the ECJ sought means to foster the
enforcement of EC law. He shows that although State Liability was introduced in Francovich
there was not enough guidance on its application. He highlights that these matters were
resolved in Brasserie Factortame III which refined the assessment of culpability but was
inconsistent and had to be further clarified in case law. He illustrates that the doctrine was
expanded to breaches of EC law by last instance courts in Köbler. Finally the author examines
if breaches of European competition rules could lead to a right to damages under the principle
but concludes that no fourth stage of State Liability can be established.
