§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they consider that their proposal to introduce the principle that a Member State should only be liable for damages in cases of serious and manifest breach of its obligations ("A Partnership of Nations", paragraph 37) is inconsistent with the decision of the European Court of Justice of 5th March 1996 in Factortame Limited (No. 4); and, if so, whether they will indicate in what respect they seek to overrule or to limit the effects of the judgment.
§ Baroness Chalker of WallaseyThe Government is still examining the ECJ's recent judgment inFactortame 110WA and considering its relationship to the proposal described in A Partnership of Nations.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to the Answer by Lord Lucas (Hansard, 7th March 1996, col. WA 31), whether they continue to agree that the decisions of the European Court of Justice of 5th March 1996 in Factortame Limited (No. 4) that the government is liable to pay compensation for damage suffered as a direct result of a serious breach of Community law declares an important principle from which the people of this country can benefit greatly.
§ Baroness Chalker of WallaseyThe principle of liability in damages for a serious and manifest breach of Community law can play an important part in ensuring that member states comply with their Community law obligations, particularly in the single market. The limitation of the scope of damages to cases of serious and manifest breach of Community law is welcome.