Facts
- An Austrian professor challenged his refusal of a pay rise
- The Austrian court requested a preliminary ruling from the Court of Justice of the European Union, but prematurely withdrew it
- The professor lost his case
Issue
- Could the professor recover from the Austrian state?
Decision
- Yes
Reasoning
- A judicial institution, as well as a legislative institution, can manifestly infringe EU law
- A citizen should not be prevented from recovering in exceptional circumstances
