Breaches of European Law and National Remedies

By Vincenzo Cerulli Irelli

This article discusses whether violations of European law by national administrative acts may give rise to specific consequences within national legal orders. In particular, after examining the relevant case law of the European Court of Justice, the article focuses on three problematic issues: the legal regulation of the invalidity of administrative acts, the constraint of “res judicata” and the State’s liability for incorrect application of EU law by national courts, including the highest courts of appeal.