ALERT: STATE AID - PRELIMINARY RULING - DECISION OF A MEMBER STATE COURT ESTABLISHING THE VALIDITY OF THE CONTRACT GRANTING THAT AID - RES JUDICATA - INTERPRETATION IN CONFORMITY WITH EU LAW - PRINCIPLE OF EFFECTIVENESS

Preliminary ruling: The Court of Justice of the European Union rules that the principle of effectiveness defeats a national rule that would prevent a national judge from drawing all consequences of the violation of article 108 TFEU because of the res judicata effect of a foreign decision on a case unrelated to state aids control (Klausner Holz Niedersachsen/Rheinland-Pfalz)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. CJEU, 11 November 2015, judgment C-505/14 (Klausner Holz Niedersachsen/Rheinland-Pfalz) On 11 November 2015, the Court of Justice of the European Union delivered a judgment in case C-505/14 following a reference for a preliminary ruling from a German court - the Landgericht Münster - in the context of a traditional dispute between Klausner Holz Niedersachsen and the Land of North Rhine-Westphalia concerning failure by the Land to perform timber supply contracts concluded with Klausner Holz. Initially, the dispute between the parties concerned only the performance of the timber supply contract, since the Land had ceased to supply the buyer as a

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • L’actu-concurrence (Paris)

Quotation

Alain Ronzano, Preliminary ruling: The Court of Justice of the European Union rules that the principle of effectiveness defeats a national rule that would prevent a national judge from drawing all consequences of the violation of article 108 TFEU because of the res judicata effect of a foreign decision on a case unrelated to state aids control (Klausner Holz Niedersachsen/Rheinland-Pfalz), 11 November 2015, Concurrences N° 1-2016, Art. N° 78114, www.concurrences.com

Visites 162

All reviews