PP982
Analítico de Periódico
MENGOZZI, Paolo
La responsabilitŕ dello Stato per atti del potere giudiziario : dalla sentenza Köbler alla sentenza Ferreira da Silva e Brito / Paolo Mengozzi
Il Diritto dell'Unione Europea, n.2 (2016), p.401-416
DIREITO COMUNITÁRIO, RESPONSABILIDADE DO ESTADO, RESPONSABILIDADE EXTRACONTRATUAL DO ESTADO, VIOLAÇĂO DO DIREITO COMUNITÁRIO
This essay analyzes the application of the general principle of State liability, as laid down in Francovich case-law, to the activity of national courts. Firstly, the author recalls that this development, which was envisaged in Köbler and was laid down in Traghetti del Mediterraneo and Ferreira Da Silva e Brito a) has taken place in respect of the activity of national courts of last instance and b) has been characterized by its exceptional nature and as far as sufficiently serious breaches of EU law were concerned, including the non-respect of Art. 267(3) TFEU. Secondly, he stresses the difference between the above-mentioned development and the affirmation of a distinct general principle of State liability for its internal rules concerning national courts’behaviors. Thirdly, the author underlines a) the impact that such difference had on the adoption of the Italian Law 18/2005 on State liability and b) the inadequacy of this Law to comply with the Traghetti del Mediterraneo ruling in Italy.