However, the
Advocate General suggested that the party suffering damage from being under such an
unforeseen obligation could still claim damages against the Member State for the damages resulting from the violation of EU law
by the national implementing act.
ombudsperson An
advocate or spokesperson for a group who are served
by an organization to ensure that the organization's obligations, ethical duties, and rules are being followed; investigates possible illegal, unethical activities or harmful,
unforeseen consequences of that organization's actions; and facilitates negotiations or actions for satisfactory solutions.