European Union Law ( EU Law) - Direct causal connection in state liability
Regarding the third requirement, the ECJ has ruled that, in general, it is up to the national courts to decide whether there is a direct causal connection between the breach and the damage (Rechberger & Others (1999)). JUDGMENT was issued by the Court in Leth & Others v. Austria (Case C-420/11)  3 CMLR 2.
‘The existence of a direct causal link between the breach in question and the damage sustained by the
individuals is, in addition to the determination that the breach of EU law is sufficiently serious, an
indispensable condition governing the right to compensation. The existence of that direct causal link is a matter for the national courts to ascertain.’
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