Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 01/26/2010

Subject: The Court ruled that European Union law precludes the application of a rule of a Member State under which an action for damages against the State, alleging a breach of that law by national legislation which has been established by a judgment of the Court of Justice of the European Communities given pursuant to Article 226 EC, can succeed only if the applicant has previously exhausted all domestic remedies for challenging the validity of a harmful administrative measure adopted on the basis of that legislation, when such a rule is not applicable to an action for damages against the State alleging breach of the Constitution by national legislation which has been established by the competent court.

Parties: Transportes Urbanos y Servicios Generales SAL

Classification: General theme

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