Vivacom Bulgaria (Effective judicial protection in the fields covered by EU law - Access to an independent and impartial tribunal - Judgment) French Text [2024] EUECJ C-369/23 (19 December 2024)

Vivacom Bulgaria (Effective judicial protection in the fields covered by EU law - Access to an independent and impartial tribunal - Judgment) French Text [2024] EUECJ C-369/23 (19 December 2024)

Article 19(1) TEU and Article 47 of the Charter do not preclude national legislation under which a supreme administrative court adjudicates in last instance, as defendant, on state liability for its own alleged breach of EU law, provided that procedural arrangements and safeguards dispel any legitimate doubt as to...

Source-derived case information.

Citation
[2024] EUECJ C-369/23
Parties
Applicant: Vivacom Bulgaria EAD; Respondent: Varhoven administrativen sad (Cour administrative suprême, Bulgarie); Respondent: Natsionalna agentsia za prihodite (Agence nationale des recettes publiques, Bulgarie); Intervener: Government of Bulgaria; Intervener: European Commission
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (renvoi Préjudiciel) / Final Judgment
Outcome
Preliminary ruling: Article 19(1) TEU and Article 47 of the Charter do not preclude national law allowing a supreme administrative court to adjudicate in last instance on state liability for its own alleged breach of EU law, provided safeguards ensure independence and impartiality.
Legal Topics
Effective Judicial Protection, Access to an Independent and Impartial Tribunal, State Liability for Breach of EU Law, VAT (value Added Tax), Judicial Independence and Impartiality
European Union Law Administrative Law Tax Law Fundamental Rights Effective Judicial Protection Access to an Independent and Impartial Tribunal State Liability for Breach of EU Law VAT (value Added Tax) +1 more

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Parties

Vivacom Bulgaria EAD

Applicant

Varhoven administrativen sad (Cour administrative suprême, Bulgarie)

Respondent

Natsionalna agentsia za prihodite (Agence nationale des recettes publiques, Bulgarie)

Respondent

Government of Bulgaria

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Ruling (renvoi Préjudiciel) / Final Judgment

  1. 1 Whether national law allowing a supreme administrative court to adjudicate in last instance on state liability for its own alleged breach of EU law violates Article 19(1) TEU and Article 47 of the Charter (right to an independent and impartial tribunal)

Ratio Decidendi

Article 19(1) TEU and Article 47 of the Charter do not preclude national legislation under which a supreme administrative court adjudicates in last instance, as defendant, on state liability for its own alleged breach of EU law, provided that procedural arrangements and safeguards dispel any legitimate doubt as to the independence and impartiality of the court, including that the deciding judges were not involved in the original impugned decision.

Court Disposition

Preliminary ruling: Article 19(1) TEU and Article 47 of the Charter do not preclude national law allowing a supreme administrative court to adjudicate in last instance on state liability for its own alleged breach of EU law, provided safeguards ensure independence and impartiality.

Orders

  • It is for the referring court to rule on costs; costs of observations to the Court are not recoverable.