Jana Bílková

The temporal effects of the judgment of the ECJ in Case C-161/06 Skoma-Lux and Liability for Damage Caused in the Exercise of Public Power

Jurisprudence 3/2013 Section: Articles Page: 9-13

Keywords: Skoma-Lux, res iudicata, teporal effects, damage, public power

Abstract: Premature application of the European Communities (EU) Law that wasn´t duly published, in relation to the exercise of the state power, is not generally the reason to overcome the principle rei iudicatae. The temporal effects of the judgment of the European Court of Justice of 11 December 2007 in Case C-161/06 are in such a situation limited to the exceptional cases of serious violation of fundamental rights of the party. Only then, in the light of the particular circumstances of the case, could be the final administrative decision challenged and on the basis of this unlawful decision there could be awarded damages due to the breach of the European Union (Community) Law.