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Document 62024CN0097
Case C-97/24, The Minister for Children, Equality, Disability, Integration and Youth: 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: 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: 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
OJ C, C/2024/3309, 3.6.2024, ELI: http://data.europa.eu/eli/C/2024/3309/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2024/3309 |
3.6.2024 |
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)
(C/2024/3309)
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
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1. |
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 Francovich (1) 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/Factortame (2) test or otherwise)? |
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2. |
If the answer to question (1) is “yes”, what are the parameters and proper scope of that force majeure defence? |
(1) ECLI:EU:C:1991:428.
(2) ECLI:EU:C:1996:79.
ELI: http://data.europa.eu/eli/C/2024/3309/oj
ISSN 1977-091X (electronic edition)