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if it fails to implement a directive.7 It has been further extended in Brasserie du Pecheur SA v Germany [1996], where it was held that incorrect
implementation of a directive will suffice for a breach of European Union law. Moreover, Toner (1997: 169) emphasises that once State liability for wrongful damage is accepted, it is difficult to justify the immunity
of the judiciary; especially when taking into account the consequences a
wrongful judgment might have on an individual. In addition, liability for
judicial errors is the next reasonable step in ensuring the effectiveness
of European Union law. As Nassimpian (2007: 830) proposes, liability
for judicial errors acts as an incentive for the judiciary to give efficient
protection of individual rights. Arnull (2010: 61) considers that such liability addresses the fundamental role of the Member States’ judiciary in
the application of European Union law.
Furthermore, by taking into account the practical application of the decision, it could be argued that the t