Award of damages was inappropriate for alleged misimplementation of EU directive

EU law – employment law – appeal of award of damages to the plaintiff for breach of European Union law and of his constitutional rights, arising from his dismissal from employment with An Post in 2007 – loss as a result of a Member State of the European Union failing to implement a Directive or for not implementing it properly – whether the admitted failure of the State to implement the relevant Directive fully according to the meaning definitively established by the Court of Justice constituted a serious breach of EU law – whether the trial judge erred in awarding Mr. Ogieriakhi damages for breach of constitutional rights – Directive 2004/38/EC Article 16 (2) – whether the State’s errors were not objectively excusable – whether Mr. Ogieriekhi was entitled to Francovich-principle damages – Community liability under Article 215 and Member State liability for breaches of Community law – whether Ireland had manifestly and gravely disregarded the limits on its discretion in the manner in which it implemented the Directive – erroneous findings because the High Court misapplied the Court of Justice jurisprudence – infringement was wholly unintentional – High Court judge failed to apply the precise test in the manner clearly laid out in Brasserie du Pêcheur – award for breach of constitutional rights – it is not a deficiency of the law that it fails to provide a remedy for defamation where nothing defamatory was said or done – High Court was wrong to invent a constitutional tort or remedy – ‘Employment and Equality of Treatment’ – Article 7.1.4 of Regulation (EU) No. 492/2011 – no basis on which the plaintiff could be entitled to claim damages – Article 7 of Regulation 1612/68 – High Court orders set aside – appeal allowed