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Case 173/03 Traghetti [2006]

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
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