Causation in Francovich: the neglected problem

<jats:p>When the European Court of Justice gave judgment in<jats:italic>Francovich</jats:italic>it was hailed as a triumph, not necessarily for its erudite reasoning, but because it allowed an individual to claim damages from a member State for its failure to comply with Community law obligations, thus providing a method of redress where previously none existed. Although the scope of the remedy was unclear and appeared superficially limited to the facts of the case, it represents the final element necessary to establish a coherent doctrine for the effective protection of an individual's Community law rights.</jats:p>