ПРЕЮДИЦИАЛНОТО ЗАПИТВАНЕ В ПРОИЗВОДСТВОТО ПО ИСКА ЗА ВРЕДИ ПО ЧЛ. 2В ЗОДОВ
PRELIMINARY RULING IN THE PROCEEDINGS ON THE CLAIM FOR DAMAGES UNDER ARTICLE 2C OF THE LLSMD

Summary/Abstract: The article examines the preliminary inquiry to the Court of European Union as a prerequisite for the validity of the claims for damages against the administrative bodies and the administrative court due to a significant violation of the European Union Law under article 2b of the State and Municipal Liability for Damages Act. The article examines the obligation of the court, which issues the final act, to refer to the Court of Justice of the EU when the interpretation of a provision or the validity of an act of the Union authorities is relevant for the court decision, apart from the cases where the provision is clear and its legal consequences are undisputable. It is concluded that the preliminary inquiry in the cases of damage claim due to a substantial violation of the EU law under article 2b of the State and Municipal Liability for Damages Act emerges as a prerequisite for the merits of the claim.

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