Against the Court?

Kobler v Republik Osterreich (ECJ TLR 3 October)

In international law, a state which incurred liability for breach of an international commitment was viewed as a single entity, irrespective of whether the breach which gave rise to the damage was attributable to the legislature, the judiciary or the executive. Accordingly, the rule of European law that Member states were liable to individuals for loss caused to them by infringements of community law by organs of the state encompassed, in principle, errors by a Member State’s Supreme Court. However, there could only be liability in such a case where there had been a manifest infringement of the applicable law, which was not the present case.