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The Francovich case (joined cases 6/90 and C-9/90)rules that when a Member State fails to fulfil its obligation under the third paragraph of Article 189 of the Treaty to take all the measures necessary to achieve the result prescribed by a directive, the full effectiveness of that rule of Community law requires that there should be a right to reparation provided that three conditions are fulfilled:
- The result prescribed by the directive should entail the grant of rights to individuals.
- It should be possible to identify the content of those rights on the basis of the provisions of the directive.
- The existence of a causal link between the breach of the State's obligation and the loss and damage suffered by the injured parties.