CASE COMMENTS: PROCEDURES – STATE AIDS – DEFINITIVE DECISION

Res judicata: The Court of Justice of the European Union the effectiveness of rights conferred by EU law should prevail and calls upon the national judge to question the authority of res judicata of a national judicial decision validating an aid without having assessed its legality (Klausner Holz Niedersachsen)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. In this case, a German Land had concluded two timber supply contracts with a company. Following an initial series of actions, an appellate court found that the contracts in question remained in force, despite the failure of the company to perform them and despite the Land's intention to terminate one of them and cease to apply the agreed contractual terms. On the basis of this decision, which now had the force of res judicata, the company brought an action for damages against the Land. In response, the Land argued, for the first time in those proceedings, that Union law precluded the performance of the contracts at issue in so far as they

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Alexandre Lacresse, Res judicata: The Court of Justice of the European Union the effectiveness of rights conferred by EU law should prevail and calls upon the national judge to question the authority of res judicata of a national judicial decision validating an aid without having assessed its legality (Klausner Holz Niedersachsen), 11 November 2015, Concurrences N° 1-2016, Art. N° 77918, pp. 175-177

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