“….L.R. 1373, which itself applied the decision of the European Court of Justice in Francovich v Italian Republic (Joined Cases C-6/90 and C-9/90) EU:C:1991:428; [1995] ICR 722. In short, in a procurement challenge where the remedy sought is for damages only, the claiming party has to demonstrate that the authority’s manifest breach o…”
“…arm sustained’. This is a telegraphic way of announcing a finding of a breach of EU law which merits damages. She did not apply the tests in Francovich v Italy [1995] ICR 722. She did not explain how the relevant provisions of Dublin III conferred rights on the Rs, or why any breach was sufficiently serious to attract an award of da…”