Source: All England Reporter
Publisher Citation: [2007] All ER (D) 274 (Jul)
Court: Court of Justice of the European Communities (Grand Chamber)
Judge:

Judge Skouris (President), Judges Jann, Timmermans, Rosas and Lenaerts (Presidents of Chambers), Cunha Rodrigues, De Lapuerta, Schiemann (Rapporteur), Makarczyk, Arestis, Borg Barthet, Ilesic and Malenovsky
Judgment Dates: 18 July 2007

Catchwords

European Community - State aids - Concept of state aid - Primacy of Community law - Decision by European Commission that state aid unlawful - Domestic courts upholding earlier domestic ruling that aid lawful - Whether concept of res judicata applicable where earlier ruling in breach of Community law.

The Case

European Community State aids. Community law precluded the application of a provision of national law which sought to lay down the principle of res judicata in so far as the application of that provision prevented the recovery of State aid granted in breach of Community law which had been found to be incompatible with the common market in a Commission decision which had become final.

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