Member Login

Damages awarded for breach of material reception conditions

By: James Cross BL

or click here to request site subscription to search and view all judgments

High Court, having found that the Minister for Justice had breached EU law in failing to provide the applicants with material reception conditions, awards the applicants a total of €1,500 jointly by way of damages.

Judicial review - European Law - Francovich damages – assessment of damages – principles for assessing Francovich damages – damages must be commensurate with the loss or damage sustained so as to ensure the effective protection of the rights of the injured parties - no affidavit evidence was tendered detailing the actual losses - principle of equivalence - such losses as could and would typically be the subject of damages under Irish law - court will award a total of €1,500 jointly to the applicants by way of damages – costs of legal proceedings – Court determines that the fairest way to treatcosts is to make no order as to costs in respect of the application/hearing that led to the Principal Judgment, but to award to the applicants the costs of the quantum hearing –

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

Leave a Reply

Your email address will not be published. Required fields are marked *