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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:

  1. The result prescribed by the directive should entail the grant of rights to individuals.
  2. It should be possible to identify the content of those rights on the basis of the provisions of the directive.
  3. The existence of a causal link between the breach of the State's obligation and the loss and damage suffered by the injured parties.

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