Naruszenie prawa UE przez sąd krajowy w odpowiedzialności odszkodowawczej państwa członkowskiego

This paper is meant to outline the principle of State liability for breach of European Union law, where a national court has infringed the applicable acquis. In that regard, the notion of a "manifest breach" is to be described, as provided in case Gerhard Köbler v. Republik Österreich. The issue in question is important, because it concerns the legal position of an individual, with the addition of being academically controversial. It is posited in this paper, subject to verification, that a manifest breach is not a separate condition - apart from the manifest and grave violation - to fulfill, with the proviso that Polish state liability provisions do not conform to the European standard. This paper makes use of both the jurisprudence of the Court and the work of literature, taking note of the law as it stood at 20th of February 2015.