Calin (Judgment) French Text [2019] EUECJ C-676/17 (11 September 2019)

Calin (Judgment) French Text [2019] EUECJ C-676/17 (11 September 2019)

EU law, in particular the principles of equivalence and effectiveness, does not in principle preclude a national rule interpreted as imposing a one-month limitation period for revision of a final judicial decision incompatible with EU law, running from notification of the decision. However, the principle of...

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Citation
[2019] EUECJ C-676/17
Parties
Applicant: Oana Mădălina Călin; Respondent: Direcţia Regională a Finanţelor Publice Ploieşti – Administraţia Judeţeană a Finanţelor Publice Dâmboviţa; Respondent: Statul Român – Ministerul Finanţelor Publice; Respondent: Administraţia Fondului pentru Mediu; Intervener: Commission européenne
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (renvoi Préjudiciel) / Judgment
Outcome
Preliminary ruling issued; national rule imposing a one-month limitation period for revision is not in principle contrary to EU law, but its application before publication is contrary to the principle of effectiveness and legal certainty.
Legal Topics
Restitution of Unlawfully Levied Taxes, Res Judicata, Procedural Autonomy, Principle of Equivalence, Principle of Effectiveness, Legal Certainty, Revision of Final Judicial Decisions
European Union Law Administrative Law Tax Law Restitution of Unlawfully Levied Taxes Res Judicata Procedural Autonomy Principle of Equivalence Principle of Effectiveness +2 more

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Parties

Oana Mădălina Călin

Applicant

Direcţia Regională a Finanţelor Publice Ploieşti – Administraţia Judeţeană a Finanţelor Publice Dâmboviţa

Respondent

Statul Român – Ministerul Finanţelor Publice

Respondent

Administraţia Fondului pentru Mediu

Respondent

Commission européenne

Intervener

Procedural Posture

Preliminary Ruling (renvoi Préjudiciel) / Judgment

  1. 1 Whether EU law, in particular the principles of equivalence and effectiveness, precludes a national rule interpreted as imposing a one-month limitation period for revision of a final judicial decision incompatible with EU law, running from notification of the decision, especially where the rule was not published at the time of the revision request.

Ratio Decidendi

EU law, in particular the principles of equivalence and effectiveness, does not in principle preclude a national rule interpreted as imposing a one-month limitation period for revision of a final judicial decision incompatible with EU law, running from notification of the decision. However, the principle of effectiveness, read with legal certainty, precludes application of such a period where, at the time of the revision request, the rule establishing the period had not yet been published and was thus not clear, precise, or foreseeable.

Court Disposition

Preliminary ruling issued; national rule imposing a one-month limitation period for revision is not in principle contrary to EU law, but its application before publication is contrary to the principle of effectiveness and legal certainty.

Orders

  • EU law does not in principle preclude a national rule imposing a one-month limitation period for revision of final decisions incompatible with EU law, running from notification of the decision.
  • However, EU law precludes application of such a period where, at the time of the revision request, the rule had not yet been published.