§ Mr. FrenchTo ask the Parliamentary Secretary, Lord Chancellor's Department what assessment he has made of the implications of the ruling by the European Court of Justice that the British Government can be sued for4W damages by an individual if an Act of Parliament is found to contravene European Law. [20828]
§ Mr. David DavisI have been asked to reply.
The European Court of Justice's ruling in the Factortame case defines the conditions under which a Government can be liable in damages for breaching an individual's rights under Community law. The court ruled that such damages should be payable only where the breach of Community law has been serious and manifest. It will be for our national courts to determine in the light of the ruling whether in fact the UK Government committed a serious and manifest breach of Community law and whether any damages are payable to individuals as a result.