24.5.2008   

EN

Official Journal of the European Union

C 128/24


Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 18 March 2008 — Transportes Urbanos y Servicios Generales, SAL v Administración del Estado

(Case C-118/08)

(2008/C 128/44)

Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings

Applicant: Transportes Urbanos y Servicios Generales, SAL

Defendant: Administración del Estado

Question referred

Is it contrary to the principles of equivalence and effectiveness to apply differing case-law of the Tribunal Supremo of the Kingdom of Spain in the judgments of 29 January 2004 and 24 May 2005 to actions for financial liability against the State qua legislature in respect of administrative acts adopted pursuant to a law which has been declared unconstitutional and to such actions in respect of administrative acts adopted pursuant to a measure which has been held to be contrary to Community law?