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European Observer on fundamental right's respect

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Case Law C-119/05 (18/07/2007)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 07/18/2007

Subject: In line with its settled case-law, the Court stated that a national court, which is called upon to apply provisions of Community law, is under the duty to give full effect to those provisions, if necessary refusing its own motion to apply any conflicting provision of national legislation. That rule applies within the national legal order as a result of the principle of the primacy of Community law. The Court thereby ruled that Community law precludes the application of a provision of national law, such as Article 2909 of the Italian Civil Code, which seeks to lay down the principle of res judicata in so far as the application of that provision prevents the recovery of State aid granted in breach of Community law which has been found to be incompatible with the common market in a decision of the Commission of the European Communities which became final.

Parties: Ministero dell’Industria, del Commercio e dell’Artigianato c/ Lucchini SpA

Classification: General theme

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