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Case C-224/01 Kobler [2003]

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
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