Reference for a preliminary ruling from High Court (Ireland) made on 6 February 2024 – S.A., R.J. v The Minister for Children, Equality, Disability, Integration and Youth, Ireland, The Attorney General
(Case C-97/24, The Minister for Children, Equality, Disability, Integration and Youth)
Language of the case: English
Referring court
High Court (Ireland)
Parties to the main proceedings
Applicants: S.A. and R.J.
Defendants: The Minister for Children, Equality, Disability, Integration and Youth, Ireland and the Attorney General
Questions referred
Where “force majeure” is not found as a defence in a Directive or implementing Regulations in issue, is such a defence nonetheless available as a defence to a Francovich1 damages claim for a breach of an EU law obligation that confers rights on individuals which derive from the fundamental right to human dignity contained in Article 1 of the Charter (whether as a defence within the second limb of the Brasserie du Pêcheur/Factortame2 test or otherwise)?
If the answer to question (1) is “yes”, what are the parameters and proper scope of that force majeure defence?
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1 ECLI:EU:C:1991:428.
1 ECLI:EU:C:1996:79.