# C_2010301EN.01000601.xml

| 6.11.2010 | EN | Official Journal of the European Union | C 301/6 |
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6.11.2010

EN

Official Journal of the European Union

C 301/6

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Action brought on 29 July 2010 — Commission v Italian Republic

(Case C-379/10)

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2010/C 301/08

Language of the case: Italian

Parties

Parties

Applicant: European Commission (represented by: L. Pignatoro and M. Nolin, Agents)

Applicant:

Defendant: Italian Republic

Defendant:

Form of order sought

Form of order sought

| — | Declare that, by excluding any liability on the part of the Italian State for damage caused to individuals by an infringement of European Union law attributable to a national court adjudicating at last instance where such an infringement results from interpretation of provisions of law or assessment of facts or evidence carried out by that court and limiting such liability to cases of intentional fault and serious misconduct, pursuant to Article 2(1) and (2) of Law No 117 of 13 April 1988, the Italian Republic has failed to fulfil its obligations in connection with the general principle of the liability of Member States, laid down by the Court in its case-law, for breach of European Union law by one of its courts adjudicating at last instance, which is a principle established by the Court of Justice of the European Union. |
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Declare that, by excluding any liability on the part of the Italian State for damage caused to individuals by an infringement of European Union law attributable to a national court adjudicating at last instance where such an infringement results from interpretation of provisions of law or assessment of facts or evidence carried out by that court and limiting such liability to cases of intentional fault and serious misconduct, pursuant to Article 2(1) and (2) of Law No 117 of 13 April 1988, the Italian Republic has failed to fulfil its obligations in connection with the general principle of the liability of Member States, laid down by the Court in its case-law, for breach of European Union law by one of its courts adjudicating at last instance, which is a principle established by the Court of Justice of the European Union.

| — | order the Italian Republic to pay the costs. |
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order the Italian Republic to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Law No 117 of 13 April 1988 on compensation for damage caused in the exercise of judicial functions and the civil liability of judges excludes any liability on the part of the Italian State for damage caused to individuals by an infringement of European Union law attributable to a national court adjudicating at last instance where such an infringement results from interpretation of provisions of law or assessment of facts or evidence carried out by that court. Moreover, that law restricts liability to cases of intentional fault and serious misconduct.

In its judgment in Case C-173/03 Traghtetti del Mediterraneo v Italy, (1) the Court ruled as follows:

Traghtetti del Mediterraneo

Italy

1

‘Community law precludes national legislation which excludes State liability, in a general manner, for damage caused to individuals by an infringement of Community law attributable to a court adjudicating at last instance by reason of the fact that the infringement in question results from an interpretation of provisions of law or an assessment of facts or evidence carried out by that court.

Community law also precludes national legislation which limits such liability solely to cases of intentional fault and serious misconduct on the part of the court, if such a limitation were to lead to exclusion of the liability of the Member State concerned in other cases where a manifest infringement of the applicable law was committed, as set out in paragraphs 53 to 56 of [Case C-224/01 Köbler v Austria]’. (2)

The Court therefore found that Law No 117 is incompatible with its case-law. That case-law remains in force and is applied. The case-law of the Court has therefore been infringed.

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(1)  (2006) ECR I-5177.

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(2)  [2003] ECR I-10239.

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