Hochtief (Order) French Text [2019] EUECJ C-362/18_CO (18 December 2019)

Hochtief (Order) French Text [2019] EUECJ C-362/18_CO (18 December 2019)

State liability for damages caused by a final judicial decision violating EU law is governed by the Köbler criteria; such liability is not excluded by res judicata. National rules excluding recovery of costs as damages are contrary to EU law if they make compensation impossible or excessively difficult. EU law does...

Source-derived case information.

Citation
[2019] EUECJ C-362/18_CO
Parties
Applicant: Hochtief AG; Respondent: Fővárosi Törvényszék (Budapest-Capital Regional Court)
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (renvoi Préjudiciel) / Order on Preliminary Reference From Székesfehérvári Törvényszék (hungary), Final Disposition by CJEU
Outcome
Preliminary ruling issued; questions answered as set out in the order.
Legal Topics
State Liability for Judicial Acts, Public Procurement Remedies, Effectiveness and Equivalence Principles, Res Judicata and Revision, Right to Effective Judicial Protection
European Union Law Public Procurement Civil Procedure State Liability State Liability for Judicial Acts Public Procurement Remedies Effectiveness and Equivalence Principles Res Judicata and Revision +1 more

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Parties

Hochtief AG

Applicant

Fővárosi Törvényszék (Budapest-Capital Regional Court)

Respondent

Procedural Posture

Preliminary Ruling (renvoi Préjudiciel) / Order on Preliminary Reference From Székesfehérvári Törvényszék (hungary), Final Disposition by CJEU

  1. 1 Whether EU law requires Member State liability for damages caused by a final judicial decision violating EU law in public procurement context
  2. 2 Whether res judicata precludes such liability
  3. 3 Whether national rules excluding recovery of costs as damages are compatible with EU law

Ratio Decidendi

State liability for damages caused by a final judicial decision violating EU law is governed by the Köbler criteria; such liability is not excluded by res judicata. National rules excluding recovery of costs as damages are contrary to EU law if they make compensation impossible or excessively difficult. EU law does not require revision of final judgments unless national law allows it for similar domestic situations.

Court Disposition

Preliminary ruling issued; questions answered as set out in the order.

Orders

  • State liability for judicial breaches of EU law is governed by Köbler criteria; not excluded by res judicata; national rules excluding cost recovery as damages are contrary to EU law if they make compensation impossible or excessively difficult.
  • EU law does not require revision of final judgments unless national law allows it for similar domestic cases; if so, the same must apply for compliance with CJEU judgments.