Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
Informační Systém pro Aproximaci Práva
Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61987J0106
Název:
Title: 		JUDGMENT OF THE COURT (FIFTH CHAMBER) OF 27 SEPTEMBER 1988. ASTERIS AE AND OTHERS V REPUBLIC OF GREECE AND EUROPEAN ECONOMIC COMMUNITY. REFERENCE FOR A PRELIMINARY RULING FROM THE POLIMELES PROTODIKIO ATHINON. JUDGMENT OF THE COURT - DISMISSAL OF A CLAIM FOR DAMAGES - EFFECT ON ACTIONS FOR COMPENSATION BEFORE THE NATIONAL COURTS. JOINED CASES 106 - 120/87.
Publikace:
Publication:		REPORTS OF CASES 1988 PAGES 5515
Předmět (klíčová slova):
Keywords		AGRICULTURE;FRUIT AND VEGETABLES;COMPETITION;STATE AIDS;
Související předpisy:
Corresponding acts:		157E178;157E215;683J0194;157E092;157E093;386R0381
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. THE COURT HAS EXCLUSIVE JURISDICTION PURSUANT TO ARTICLE 178 OF THE EEC TREATY TO HEAR ACTIONS FOR COMPENSATION AGAINST THE COMMUNITY UNDER THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY. HOWEVER, NATIONAL COURTS RETAIN JURISDICTION TO HEAR CLAIMS FOR COMPENSATION FOR DAMAGE CAUSED TO INDIVIDUALS BY NATIONAL AUTHORITIES IN IMPLEMENTING COMMUNITY LAW.

2. A JUDGMENT OF THE COURT DISMISSING AN ACTION FOR DAMAGES BROUGHT BY UNDERTAKINGS OF A MEMBER STATE AGAINST THE COMMUNITY IN RESPECT OF DAMAGE RESULTING FROM THE UNLAWFULNESS OF COMMUNITY LEGISLATION, ON THE GROUNDS THAT THE UNLAWFULNESS DID NOT CONSTITUTE A CLEAR BREACH OF A SUPERIOR RULE OF LAW OR MANIFEST AND GRAVE DISREGARD BY AN INSTITUTION OF THE LIMITS ON ITS POWERS, SO AS TO GIVE RISE TO LIABILITY ON THE PART OF THE COMMUNITY, DOES NOT PRECLUDE THE SAME UNDERTAKINGS FROM BRINGING AN ACTION FOR DAMAGES AGAINST THEIR STATE ON GROUNDS OTHER THAN THE ABOVEMENTIONED UNLAWFULNESS, CONSISTING IN A WRONGFUL ACT OR CONDUCT OF THE NATIONAL AUTHORITIES, EVEN WHERE THEY WERE ACTING WITHIN THE FRAMEWORK OF COMMUNITY LAW.

3. DAMAGES WHICH THE NATIONAL AUTHORITIES OF A MEMBER STATE MAY BE ORDERED TO PAY TO INDIVIDUALS IN COMPENSATION FOR DAMAGE THEY HAVE CAUSED TO THOSE INDIVIDUALS DO NOT CONSTITUTE AID WITHIN THE MEANING OF ARTICLES 92 AND 93 OF THE TREATY.

4. AN ACTION FOR THE PAYMENT OF AMOUNTS DUE UNDER COMMUNITY LEGISLATION CANNOT BE BROUGHT UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY.

5. REGULATION 381/86 GRANTING GREEK UNDERTAKINGS ADDITIONAL AID WHICH HAD NOT BEEN PAID TO THEM AS THE RESULT OF A TECHNICAL ERROR IN COMMISSION REGULATION 1615/83, ANNULLED BY THE JUDGMENT OF THE COURT OF 19 SEPTEMBER 1985 IN CASE 192/83, DOES NOT PRECLUDE THE UNDERTAKINGS CONCERNED FROM BRINGING AN ACTION AGAINST THE GREEK STATE FOR COMPENSATION FOR ANY DAMAGE IN EXCESS OF THE AMOUNTS PAID RETROSPECTIVELY UNDER THE REGULATION. SUCH AN ACTION MAY NOT BE BASED ON THE SAME GROUNDS AS THE ACTIONS DISMISSED BY THE COURT IN ITS JUDGMENT OF 19 SEPTEMBER 1985 IN JOINED CASES 194 TO 206/83.

Plný text judikátu (Entire text of the Judgment):