Judgment_paragraph 43 · Elaine Farrell v Alan Whitty, Minister for the Environment, Ireland, Attorney General and Motor Insurers Bureau of Ireland (MIBI) (C-356/05)

43In any event, the liability of the Member State to make good damage caused by a failure to transpose a directive, within the meaning of the judgment in Joined Cases C-6/90 and C-9/90 Francovich and Others [1991] ECR I-5357, may arise.