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

Có thể bạn quan tâm

Oxford First-Class EU Law Notes

View

PremiumNotes

PQGuide

ModelAnswers

Key Point

A national res judicata rule is disapplied where the previous decision of the national court is contrary to EU law

The Italian Ministry of Industry agreed to provide state aid to Lucchini, a struggling steel firm, subject to approval by the Commission
The Commission decision was that the aid was incompatible with the ECSC Treaty, but Italian courts approved the aid after the decision nonetheless
The Ministry did not appeal and thus the decision became final and the state aid was issued
After protest from the Commission, the Ministry decided to revoke the aid, this was challenged by Lucchini in Italian court
Lucchini sought to rely on the res judicata rule in the Italian Civil Code, which prohibits reopening proceedings on a matter already adjudicated on

A res judicata provision is incompatible with Community law if it would prevent the recovery of state aid granted in breach of Community law

A national court which is called upon, within the exercise of its jurisdiction, to apply provisions of Community law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation: [61]

Get tutored by top graduates from Oxbridge

Từ khóa » C-119/05