Judgment_paragraph 42 · Andrea Francovich and Danila Bonifaci and others v Italian Republic (C-6/90, C-9/90)

42Subject to that reservation, it is on the basis of the rules of national law on liability that the State must make reparation for the consequences of the loss and damage caused. In the absence of Community legislation, it is for the internal legal order of each Member State to designate the competent courts and lay down the detailed procedural rules for legal proceedings intended fully to safeguard the rights which individuals derive from Community law (see the judgments in Case 60/75 Russo v AIMA [1976] ECR 45, Case 33/76 Rewe v Landwirstschafiskammer Saarland [1976] ECR 1989 and Case 158/80 Rewew Hauptzollamt Kiel [1981] ECR 1805).