Judgment of the Court (Grand Chamber) of 13 June 2006 (reference for a preliminary ruling from the Tribunale di Genova (Italy)) — Traghetti del Mediterraneo SpA, in liquidation v Repubblica italiana

(Case C-173/03) (1)

(Non-contractual liability of Member States - Damage caused to individuals by infringements of Community law attributable to a national court adjudicating at last instance - National legislation limiting State liability to cases of intentional fault and serious misconduct on the part of the court - Liability excluded in connection with the interpretation of provisions of law or assessment of facts or evidence in the exercise of judicial functions)

(2006/C 190/01)

Language of the case: Italian

Referring court

Tribunale di Genova

Parties to the main proceedings

Applicant: Traghetti del Mediterraneo SpA, in liquidation

Defendant: Repubblica italiana

Re:

Reference for a preliminary ruling — Tribunale di Genova — Non-contractual liability of a Member State towards its nationals for errors committed by its own courts in the application of Community law, in particular the failure by a court adjudicating at last instance to refer a case to the Court in accordance with Article 234 EC

Operative part of the judgment

Community law precludes national legislation which excludes State liability, in a general manner, for damage caused to individuals by an infringement of Community law attributable to a court adjudicating at last instance by reason of the fact that the infringement in question results from an interpretation of provisions of law or an assessment of facts or evidence carried out by that court.

Community law also precludes national legislation which limits such liability solely to cases of intentional fault and serious misconduct on the part of the court, if such a limitation were to lead to exclusion of the liability of the Member State concerned in other cases where a manifest infringement of the applicable law was committed, as set out in paragraphs 53 to 56 of the judgment in Case C-224/01 Köbler [2003] ECR I-10239.

(1)  OJ C 158, 5.7.2003.