In the case where a state had exercised broad discretion in passing legislation which breached Community law (as was the case in Factortame), for the breach to be "sufficiently serious" it must be "manifest" and "grave". National courts have jurisdiction to decide how to characterise the breach in question, taking into account the clarity and precision of the Community rule infringed, whether the damage was intentional or involuntary, whether any error of law was excusable, and whether a Community institution contributed towards the adoption or maintenance of contrary national measures or practices. These same conditions apply to state liability for damage caused by the decision of a judicial body adjudicating at last instance.