Conference of the French Cour de Cassation – 30 years of Brasserie du Pêcheur

On 12 March 2026, President Koen Lenaerts and Judge Marko Bošnjak participated in a conference hosted by the French Cour de Cassation marking the 30th anniversary of the Court of Justice’s judgment in Joined Cases C‑46/93 & C‑48/93 Brasserie du Pêcheur and Factortame, a key ruling about Member State liability for breaches of EU law.

The conference, entitled “30 years after Brasserie du Pêcheur – What is the current status and role of national judges in the European judicial system?”, brought together judges and other legal professionals from around Europe to discuss various aspects about the role of national judges in EU law and their interaction with the Court of Justice.

The conference was introduced by President Lenaerts and Christophe Soulard, First President of the Cour de Cassation. Judge Bošnjak’s contribution formed part of the second discussion topic – Cooperation with the Court of Justice.

The conference is available to watch on the Cour de Cassation’s website, YouTube and LinkedIn pages.

The Brasserie du Pêcheur and Factortame judgment

In Brasserie du Pêcheur, a French brewery was barred from exporting beer to Germany under its beer purity law, which was later found to breach EU free movement rules. The brewer claimed compensation for the losses suffered.

In Factortame, Spanish fishers sought damages for the loss suffered after amendments to the UK’s Merchant Shipping Act – restricting the registration of fishing boats – were held incompatible with EU law.

Both cases were referred to the Court of Justice by the national courts.

The Court of Justice ruled that Member States must compensate individuals for loss or damage caused by breaches of EU law by the national legislature – even where the legislature enjoys wide discretion.

The Court confirmed that individuals could be compensated provided three conditions were met:

  1. the EU rule breached intended to confer rights on individuals
  2. the breach was sufficiently serious – involving a manifest and grave disregard of the limits of the Member State’s discretion
  3. there was a direct causal link between the breach and the damage suffered

A landmark decision reinforcing the protection of individual rights in the EU legal framework and clarifying the role of national judges in granting those rights.

To learn more about this case, consult the case file in our case-law database.