​European Union law - Intention to grant people rights is a prerequisite for state liability.

​European Union law - Intention to grant people rights is a prerequisite for state liability.
Here, direct influence is strongly related. An alleged violation of Article 45(2) TFEU (the freedom of migrant workers to work without discrimination on the basis of nationality ) was at issue in the case of Köbler v. Austria (Case C-224/01) [2003] ECR I-10239. 'The rule of law ostensibly infringed... is immediately effective and its goal is consequently essentially to confer rights on persons,' wrote A-G Léger in that case (emphasis added). Several directly applicable Treaty provisions, such as Articles 34 and 35 TFEU (free movement of goods;) and Articles 49 and 56 TFEU (right of businesses and self-employed individuals to "establish" themselves in another Member State or to provide services to someone from another Member State; have been deemed to satisfy Condition 1. Several EU legal provisions that have been found to satisfy the first criteria of state culpability are included in a table at the end of this chapter. The second requirement becomes important if the first condition is met, but the claim is invalid if it is not. It was decided by the ECJ in Paul & Others v. Germany (Case C-222/02) [2004] ECR I-9425 that Article 3(1) of Directive 94/19 was not meant to grant people rights. In Berlington & Others v. Hungary (Case C-98/14) [2015] 3 CMLR 45, the ECJ determined that while Directive 98/34 was not meant to grant persons rights, Article 56 TFEU (the freedom to supply services) did.