Jurisdiction(s):
United Kingdom

Francovich damages: six-year limitation for private EU law breach claims; judicial review time bar does not apply (Secretary of State for Transport v Arriva, Court of Appeal)

Published on: 24 December 2019

Published by a LexisNexis Public Law expert

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Article summary

Secretary of State for Transport v Arriva Rail East Midlands Ltd (Arriva) [2019] EWCA Civ 2259 (18 December 2019)) What are the practical implications of this case?

This Court of Appeal ruling, which confirms the High Court’s earlier judgment, offers firm guidance on the distinct character of the Francovich damages cause of action and the limitation deadlines governing it. While confined to Regulation (EC) 1370/2007 (the Railway Regulation), its reach is broader for breach of statutory duty claims and Francovich actions, so long as the latter persist within UK law. Where a claimant considers judicial review to contest a decision said to infringe EU law, the ordinary three-month period governs that challenge. However, for private law claims— even if public law grounds based on EU law are ongoing or echoed in Part 7 proceedings—the relevant time bar is the domestic limitation applied to private actions. Consequently, a Francovich damages claim is subject to a six-year limitation. The court’s finding that no antecedent determination of public law unlawfulness is required before advancing a Francovich damages claim underscores that, in domestic law, such claims may proceed on their own footing, without antecedent rulings, when seeking compensation for EU breaches in domestic courts...

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