European Union Law( EU Law) - Justifiable breach

European Union Law( EU Law) - Justifiable breach
The fourth consideration is whether the infraction was excused. Many of the aforementioned examples included Member States acting in good faith, which suggested that any violations were excused (BT, Denkavit). Due to the fact that it was an excusable mistake, the German government's violation of Article 34 TFEU in the case of Brasserie du Pêcheur was ultimately deemed to be insufficiently serious (see the ruling of the German Federal Court of Justice in Brasserie du Pêcheur v. Germany (No. 2) [1997] 1 CMLR 971).