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European Observer on fundamental right's respect

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Case Law C-274/12 P (19/12/2013)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/19/2013

Subject: The Court dismissed the appeal of Telefónica, namely the breach of the right to effective judicial protection. The Court indeed affirmed that even though Telefónica cannot, because of the conditions governing admissibility laid down in the fourth paragraph of Article 263 TFEU, challenge the contested decision directly before the European Union judicature, it can contend that it is invalid before the national courts and cause the latter to refer questions to the Court of Justice for a preliminary ruling, pursuant to Article 267 TFEU, in particular by bringing before the national courts the administrative act which refuses it amortisation under the regime at issue.

Parties: Telefónica SA

Classification: Justice - Art. 47 Justice: remedy - Justice: effective

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