CELEX: 62014CA0069
Language: en
Date: 2015-10-06 00:00:00
Title: Case C-69/14: Judgment of the Court (Grand Chamber) of 6 October 2015 (request for a preliminary ruling from the Tribunalul Sibiu — Romania) — Dragoș Constantin Târșia v Statul roman and Serviciul public comunitar regim permise de conducere și înmatriculare a autovehiculelor (Reference for a preliminary ruling — Principles of equivalence and effectiveness — Res judicata — Recovery of undue payments — Recovery of taxes levied by a Member State in breach of EU law — Final decision of a court or tribunal imposing payment of a tax which is incompatible with EU law — Application for revision of such a decision — National legislation allowing the revision, in the light of later preliminary rulings given by the Court, of final decisions of a court or tribunal made exclusively in administrative proceedings)

23.11.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 389/6
            
         Judgment of the Court (Grand Chamber) of 6 October 2015 (request for a preliminary ruling from the Tribunalul Sibiu — Romania) — Dragoș Constantin Târșia v Statul roman and Serviciul public comunitar regim permise de conducere și înmatriculare a autovehiculelor
   (Case C-69/14) (1)
   
   ((Reference for a preliminary ruling - Principles of equivalence and effectiveness - Res judicata - Recovery of undue payments - Recovery of taxes levied by a Member State in breach of EU law - Final decision of a court or tribunal imposing payment of a tax which is incompatible with EU law - Application for revision of such a decision - National legislation allowing the revision, in the light of later preliminary rulings given by the Court, of final decisions of a court or tribunal made exclusively in administrative proceedings))
   (2015/C 389/06)
   Language of the case: Romanian
   
      Referring court
   
   Tribunalul Sibiu
   
      Parties to the main proceedings
   
   
      Applicant: Dragoș Constantin Târșia
   
      Defendants: Statul roman and Serviciul public comunitar regim permise de conducere și înmatriculare a autovehiculelor
   
      Operative part of the judgment
   
   EU law, in particular the principles of equivalence and effectiveness, must be interpreted as not precluding, in circumstances such as those in the dispute in the main proceedings, a situation where there is no possibility for a national court to revise a final decision of a court or tribunal made in the course of civil proceedings when that decision is found to be incompatible with an interpretation of EU law upheld by the Court of Justice of the European Union after the date on which that decision became final, even though such a possibility does exist as regards final decisions of a court or tribunal incompatible with EU law made in the course of administrative proceedings.
   
      (1)  OJ C 142, 12.5.2014.