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Case C-2/08 Fallimento Olimiclub Srl (contrast w/ Lucchini) [2009] ECLI:EU:C:2009:180

Country:
United Kingdom
By Oxbridge Law Team
ECJ
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  • This was a dispute concerning whether Community law could prevent the operation of res judicata (under Italian law).

  • ECJ ruled that it could and did in this case. 

ECJ

In the absence of Community legislation in this area, the rules implementing the principle of res judicata are a matter for the national legal order, in accordance with the principle of the procedural autonomy of the Member States

  • subject to equivalence and effectiveness principles. Lucchini didn’t change this.

  • The res judicata rule was a procedural domestic rule that governed remedies in a national context for breach of community law.

    • In this specific case it went against effectiveness because of tax considerations, etc.

    • However, it is not the general rule that res judicata doesn’t apply regarding community law (as some might interpret Lucchini as saying)

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