Decizia CJUE Hochtief Solutions AG - vademecum jurisprudențial pentru judecătorul național
Hochtief Solutions AG Case-Law - A Jurisprudential Vademecum for the National Judge

Summary/Abstract: This article tackle the regime of the liability of the Member States, originated in the EU law, when the breach of the Union law comes from a court adjudicating at final instance. The regime of the liability of the Member States is based on the principle of primacy of the EU law, and the best manner to discuss some aspects of this regime is analysing a CJEU decision, respectively the Hochtief Solutions case-law from 2019. The subject is highly topical, considering the fact that this decision is analysing the breach in the obligation of submitting a referral for a preliminary ruling, committed by a national judge, or the breach in the obligation to respect a CJEU decision in preliminary ruling, knowing the fact that this infringement is susceptible of engaging the liability of the Member State. The Hochtief Solutions case-law is an authentic jurisprudential vademecum by addressing a memento to the national judge to respect the EU law and the CJEU jurisprudence, and the European judge, in turn, being a guardian of the res judicata acquired by the decisions ruled by the national courts.

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