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European Community law: Tribunals cannot hear Francovich claims

This report relates to 1 case(s)

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    Secretary of State for Employment v Mann and others [1996] IRLR 4 EAT (0 other reports)

An industrial tribunal has no jurisdiction to hear a "Francovich" claim for damages against the state for its failure properly to implement EC law, holds the EAT in Secretary of State for Employment v Mann and others. Such claims must normally be brought in the High Court, which is well equipped to deal with the complex questions of state liability, causation and quantum that are liable to arise.