Liability of a member state for damage

Resumé Intangible assets of the individuals and their legal protection are the building stones of the modern democratic state of the 21st century. Their protection against state authority is the privilege which the modern civilized law provides. European Community represents legal structure which, to substantial extent, forms this modern law and moves forward. Primary law of the European Community does not directly regulate liability of the state for harm caused by violation of the Community law by its authority. European Court of Justice has deduced from the principles based on which the European Community has been established, that existence of such liability is inhere principles to which European Community accords. According article 220 of the EC Treaty has European Court of Justice responsibility for supervising fulfillment of the law by interpretation and implementation of this Treaty. This supervision is primarily governed by principle effet utile which imposes duty to interpret Community standards in such way that will reach the targets set by EC Treaty. Principle liability of the state for harm caused to the individual by violation of the Community law has been for the first time explicitly defined by Court of Justice in the case of Francovich and Bonifaci v Italy. Court of Justice is in its..