Facts
- Traghetti, a maritime transport business, was in liquidation
- It challenged the Italian Supreme Court over its interpretation of community rules causing it loss
Issue
- When could an individual or business recover from a national court under state liability?
Decision
- Recovery as possible under strict criteria and with a national court interpreting the Court of Justice’s guidance
Reasoning
- The principles laid out in Kobler [2003] were restated
- Effective judicial protection must be guaranteed
- Although the Kobler criteria requires a remedy only exceptionally, it is for a state to decide upon the exact criteria for liability to be found. These criteria must not be less favourable to an individual than the Kobler criteria
