62010CJ0379_EN
Subject of the case
Operative part
Subject of the case
Re:
Failure of a Member State to fulfil obligations – Infringement of the general principle that Member States are liable for the infringement of European Union law by one of their courts adjudicating at last instance – Liability limited to cases of intentional fault or serious misconduct.
Operative part
Operative part
The Court:
1. Declares that,
– by excluding all liability of the Italian State for damage caused to individuals through an infringement of European Union law on the part of a court adjudicating at last instance when that infringement results from an interpretation of the rules of law or an assessment of the facts and evidence carried out by that court and
– by limiting that liability to cases of intentional fault or serious misconduct,
pursuant to Article 2(1) and (2) of Law No 117 on the reparation of damage caused in the exercise of judicial functions and the civil liability of judges [legge n. 117 (sul) risarcimento dei danni cagionati nell’ esercizio delle funzioni giudiziarie e responsabilità civile dei magistrati], of 13 April 1988 the Italian Republic has failed to fulfil its obligations under the general principle that Member States are liable for the infringement of European Union law by one of their courts adjudicating at last instance;
2. Orders the Italian Republic to pay the costs.