Case C-173/03: Judgment of the Court (Grand Chamber) of 13 June 2006 (reference for a preliminary ruling from the Tribunale di Genova (Italy)) — Traghetti del Mediterraneo SpA, in liquidation v Repubblica italiana (Non-contractual liability of Member States — Damage caused to individuals by infringements of Community law attributable to a national court adjudicating at last instance — National legislation limiting State liability to cases of intentional fault and serious misconduct on the part of the court — Liability excluded in connection with the interpretation of provisions of law or assessment of facts or evidence in the exercise of judicial functions)
Date: 2006-08-12
Institutions: Court of Justice
Subjects: application of EU law, interpretation of the law, liability of the State, miscarriage of justice

12.8.2006

EN

Official Journal of the European Union

C 190/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

Judgment of the Court (Grand Chamber) of 13 June 2006
(reference for a preliminary ruling from the Tribunale di
in
Genova (Italy)) — Traghetti del Mediterraneo SpA,

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.

liquidation v Repubblica italiana

(Case C-173/03) (1)

(Non-contractual
liability of Member States — Damage
caused to individuals by infringements of Community law
attributable to a national court adjudicating at last instance
— National
legislation limiting State liability to cases of
intentional fault and serious misconduct on the part of the
court — Liability excluded in connection with the interpreta-
tion of provisions of law or assessment of facts or evidence in
the exercise of judicial functions)

(2006/C 190/01)

Language of the case: Italian

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 the judgment in Case C-224/01 Köbler
[2003] ECR I-10239.

(1) OJ C 158, 5.7.2003.

Referring court

Tribunale di Genova

Judgment of the Court (Grand Chamber) of 27 June 2006
— European Parliament v Council of the European Union

(Case C-540/03) (1)

Parties to the main proceedings

Applicant: Traghetti del Mediterraneo SpA, in liquidation

Defendant: Repubblica italiana

to family reunification of
(Immigration policy — Right
minor children of
third country nationals — Directive
2003/86/EC — Protection of fundamental rights — Right to
respect for family life — Obligation to have regard to the
interests of minor children)

Re:

liability of a Member State towards

Reference for a preliminary ruling — Tribunale di Genova —
Non-contractual
its
nationals for errors committed by its own courts in the applica-
tion of Community law,
in particular the failure by a court
adjudicating at last instance to refer a case to the Court in
accordance with Article 234 EC

Parties

(2006/C 190/02)

Language of the case: French

Operative part of the judgment

Applicant: European Parliament
Tebbens and A. Caiola, Agents)

(represented by: H. Duintjer

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

Defendant: Council of
O. Petersen and M. Simm, Agents)

the European Union (represented by: