Case 173/03 Traghetti 
- Traghetti, a maritime transport business, was in liquidation
- It challenged the Italian Supreme Court over its interpretation of community rules causing it loss
- When could an individual or business recover from a national court under state liability?
- Recovery as possible under strict criteria and with a national court interpreting the Court of Justice’s guidance
- The principles laid out in Kobler  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
Posted in EU Law Revision Notes.
This page was last updated on 30th April 2015