The Force of Res Judicata of Judgments of the EU Court of Justice Cover Image

Právní moc rozsudků Soudního dvora EU
The Force of Res Judicata of Judgments of the EU Court of Justice

Author(s): Iva Fellerová Palkovská
Subject(s): International Law
Published by: Masarykova univerzita nakladatelství
Keywords: Res judicata; EU Court of Justice; Decisions of the EU Court of Justice; Effects of Judgments; European Procedural Law.

Summary/Abstract: The paper deals with in the Czech Republic rather neglected topic which is the force of res judicata of EU Court of Justice judgments. It outlines the objective that res judicata serves in European procedural law; when looking for the precise regulation of res judicata in the positive EU law it finds out that there is none, the conclusions of the article therefore come from the analysis of the case law. Furthermore, on basis of the case law of the Court of Justice the preconditions for the force of res judicata and its effects are described as are the exceptions to it. Attention is paid also to the functioning of res judicata in special instances, specifically in judgments given in annulment proceedings and in preliminary references.

  • Issue Year: 26/2018
  • Issue No: 4
  • Page Range: 611-628
  • Page Count: 18
  • Language: Czech