Dillenkofer v Republic of Germany
This case decides that if a member state fails to transpose a directive in time then individuals harmed by that failure my sue the state for the damage caused. In this case Germany had failed to transpose the Package Travel Directive (90/314) within the prescribed period and as a result consumers who had booked a package holiday with a tour operator which later became insolvent lost out. As a consequence the German state had to compensate them.
