Cauza Târșia sau despre necesitatea reglementării în noul Cod de procedură civilă a unui nou motiv de revizuire
Case Târșia or about the necessity to regulate a new reason for revision in the new Civil Procedure Code
Author(s): Cristina Ramona DuțăSubject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: Case Târșia; extra-contractual liability of the State; Case Francovich; Case Brasserie du pêcheur; principle of equivalence; principle of effectiveness; authority of res judicata
Summary/Abstract: Following the observations submitted to the Court of Justice of the European Union in the Case C-69/14 Târșia, EUCJ gave, on 6 October 2015, a preliminary ruling, which held that: the Union law, in particular the principles of equivalence and effectiveness, must be interpreted as not precluding, in circumstances such as those in the dispute in the main proceedings, a national court from not having the opportunity to review a final judgment delivered within civil proceedings, in case this judgment proves to be incompatible with an interpretation of the European Union law retained by the Court of Justice of the European Union subsequently to the date on which the mentioned judgment became final, even if there is such a possibility in respect of final judgments incompatible with the European Union law, delivered within some administrative proceedings.
Journal: Revista „Dreptul”
- Issue Year: 2017
- Issue No: 02
- Page Range: 120-143
- Page Count: 24
- Language: Romanian
- Content File-PDF