What is the ratio in Brasserie du Pêcheur/Factortame?

Member states are liable for damages caused by legislative acts that manifestly and gravely disregard the limits of their discretion under EU law, constituting sufficiently serious breaches.

What did the court decide in Brasserie du Pêcheur/Factortame?

The ECJ extended state liability beyond administrative acts to include legislative breaches of EU law, establishing the 'sufficiently serious breach' test for liability.

Why is Brasserie du Pêcheur/Factortame important for administrative law?

It completed the state liability framework by including legislative acts, ensuring comprehensive individual protection against all forms of member state breaches of EU law.

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