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In this respect, I believe the Francovich case (1991?) was significant, holding that Member States are liable to pay damages where loss is sustained by 'failure to transpose a directive in whole or in part'. I also would be interested in any details on the Eur Commission investigation of Uk for infringement based on Durant. Rgds Adam --------------- Dr Adam Warren ESRC Data sharing and privacy project http://ess.ntu.ac.uk/dsp/