Köbler v Austria
A Member State can be liable for a breach of EU law by a court of final instance, where the court has manifestly infringed EU law.
Facts
Mr Köbler was a university professor in Austria. Austrian law provided a special length of service increment for professors who had taught for 15 years at Austrian universities, but did not count service at universities in other Member States. Mr Köbler had taught in Germany for part of the period, so he was refused the increment. The Austrian Supreme Administrative Court rejected his claim, after withdrawing a preliminary reference to the Court of Justice, on the basis of a mistaken reading of the Court's case law. He sued Austria for damages.
Legal principle
The Court of Justice held that the principle of state liability applies where a breach of EU law results from a decision of a court adjudicating at last instance. In view of the specific nature of the judicial function and the requirements of legal certainty, liability arises only in the exceptional case where the court has manifestly infringed the applicable law. The Austrian court's decision did breach EU law, but on the facts the breach was not manifest, because the relevant point was not clearly settled, so Austria was not liable.
Related cases on indirect effect and state liability
- Adeneler v Ellinikos Organismos Galaktos (ELOG) Case C-212/04, [2006] ECR I-6057
- Brasserie du Pêcheur SA v Germany; R v Secretary of State for Transport, ex p Factortame Ltd (No 3) Joined Cases C-46/93 and C-48/93, [1996] ECR I-1029
- Dillenkofer v Germany Joined Cases C-178/94, C-179/94 and C-188/94 to C-190/94, [1996] ECR I-4845
- Duke v GEC Reliance Ltd [1988] AC 618
- Francovich and Bonifaci v Italy Joined Cases C-6/90 and C-9/90, [1991] ECR I-5357
- Litster v Forth Dry Dock & Engineering Co Ltd [1990] 1 AC 546
- Marleasing SA v La Comercial Internacional de Alimentación SA Case C-106/89, [1990] ECR I-4135
- Officier van Justitie v Kolpinghuis Nijmegen BV Case 80/86, [1987] ECR 3969
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