Wrongful implementation of EU law causes a claim for each separate day

The Dutch Supreme Court ruled recently that a wrongful act is not only committed by wrongfully implementing EU law, but also by leaving a wrongful implementation unchanged. Member states have the duty to implement EU law correctly and to modify false implementations. If a member state fails to comply with those obligations, it is an unlawful act for every day that this implementation is not correctly modified. Affected parties can claim damages for each separate day that the member state’s obligation to correctly implement, or to modify a false implementation, is not fulfilled. These claims expire individually; in each case, five years after the day that the damages were taken if a liability procedure has not been started within this period.

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