C-119/05 Lucchini [2007] ECR I-6199 - Oxbridge Notes

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• Commission made a decision that aid granted (but not yet paid) to an Italian company (Lucchini) by the government was in breach of common market and therefore contrary to community law.

• However Italian courts gave judgment for Lucchini and so Italian govt had to pay money over and did so, becoming res judicata in Italian law.

  • Italian government then tried to claim the money back from Lucchini.

• ECJ held that res judicata law does not apply where it would frustrate the application of community law.

  • National courts must give full effect to provisions of Community law and – if necessary – refuse, of their own motion, to apply any provision of national law that is contrary to those provisions of Community law. 

RELATED CASES

• Case C-2/08 Fallimento Olimiclub Srl (contrast w/ Lucchini)

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