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European Observer on fundamental right's respect

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Case Law C- 379/10 (24/11/2011)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/24/2011

Subject: The Court affirmed that the Italian statues governing the civil liability of judges for causing damage to individuals by acting in breach of EU law is itself contrary to EU law. The exclusion of State liability, or the limitation of State liability to cases of intentional fault or gross negligence, is contrary to the general principle that Member State are liable for an infringement of EU law by a court whose decisions is not open to appeal.

Parties: Commissione europea c. Italia

Classification: General theme

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