You should begin your answer by distinguishing between Treaty obligations, Regulations, and Directives as sources of EU law. You should then go on to explain the different ways they take effect in UK law and finish your introductory section by explaining the difference between horizontal and vertical effect as it applies to the enforceability of EU law rights by individuals and governmental liability.

Your answer should then present a comprehensive analysis of the principles under the following headings.

Failure to transpose a Directive into national law

Francovich v Italian State [1991]

Dillenkofer v Federal Republic of Germany [1997]

Breach of a Treaty provision by the national legislature

Brasserie du Pecheur SA v Germany [1996]

R v Secretary of State for Transport, ex p Factortame Ltd [1996]

Breach of a Treaty provision by the national administration

R v Ministry of Agriculture, Fisheries and Food ex p Hedley Lomas (Ireland) Ltd [1997]

Incorrect transposition of a Directive into national law

R v HM Treasury ex p British Telecommunications Plc [1996]

Liability for judicial acts

Kobler v Austria [2004]

Your answer should end with a summary of the position concerning governmental liability.