CELEX: 62010CJ0379
Language: en
Date: 2011-11-24 00:00:00
Title: Judgment of the Court (Third Chamber) of 24 November 2011. # European Commission v Italian Republic. # Failure to fulfil obligations - General principal of the liability of Member States for infringements of European Union law by one of their courts adjudicating at last instance - Exclusion of any liability on the part of the Member State for an interpretation of the rules of law or an assessment of the facts and evidence carried out by a court adjudicating at last instance - Limitation by the national legislature of the Member State's liability to cases of intentional fault or serious misconduct committed by such a court. # Case C-379/10.

Judgment of the Court (Third Chamber) of 24 November 2011 – Commission v Italy
      (Case C-379/10)
      Failure to fulfil obligations – General principle that Member States are liable for the infringement of European Union law by one of their courts adjudicating
         at last instance – Exclusion of any liability on the part of the Member State for an interpretation of the rules of law or an assessment of
         the facts and evidence carried out by a court adjudicating at last instance – Limitation by the national legislature of the Member State’s liability to cases of intentional fault or serious misconduct
         committed by such a court
      
      Union law – Rights conferred on individuals – Infringement by a Member State – Obligation to make good damage caused to individuals – Conditions in the case of infringement ascribable to a supreme court – Whether the infringement is obvious – National legislation under which liability is incurred only in cases of intentional fault or serious misconduct – Unlawful (see paras 40-42, 46, 48 and operative part)
      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
      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.