This document is an excerpt from the EUR-Lex website
Document 62021CJ0261
Judgment of the Court (Ninth Chamber) of 7 July 2022.
F. Hoffmann-La Roche Ltd and Others v Autorità Garante della Concorrenza e del Mercato.
Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Obligation on Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by EU law – Article 267 TFEU – Obligation on the referring court to give full effect to the interpretation of EU law provided by the Court of Justice – Charter of Fundamental Rights of the European Union – Article 47 – Access to an independent and impartial tribunal previously established by law – Judgment of a national court of last instance after a preliminary ruling by the Court – Alleged non-conformity of that judgment with the interpretation of EU law provided by the Court – National legislation preventing the bringing of an action for revision of that judgment.
Case C-261/21.
Judgment of the Court (Ninth Chamber) of 7 July 2022.
F. Hoffmann-La Roche Ltd and Others v Autorità Garante della Concorrenza e del Mercato.
Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Obligation on Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by EU law – Article 267 TFEU – Obligation on the referring court to give full effect to the interpretation of EU law provided by the Court of Justice – Charter of Fundamental Rights of the European Union – Article 47 – Access to an independent and impartial tribunal previously established by law – Judgment of a national court of last instance after a preliminary ruling by the Court – Alleged non-conformity of that judgment with the interpretation of EU law provided by the Court – National legislation preventing the bringing of an action for revision of that judgment.
Case C-261/21.
Court reports – general
ECLI identifier: ECLI:EU:C:2022:534
Case C‑261/21
F. Hoffmann-La Roche Ltd and Others
v
Autorità Garante della Concorrenza e del Mercato
(Request for a preliminary ruling from the Consiglio di Stato)
Judgment of the Court (Ninth Chamber) of 7 July 2022
(Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Obligation on Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by EU law – Article 267 TFEU – Obligation on the referring court to give full effect to the interpretation of EU law provided by the Court of Justice – Charter of Fundamental Rights of the European Union – Article 47 – Access to an independent and impartial tribunal previously established by law – Judgment of a national court of last instance after a preliminary ruling by the Court – Alleged non-conformity of that judgment with the interpretation of EU law provided by the Court – National legislation preventing the bringing of an action for revision of that judgment)
-
Questions referred for a preliminary ruling – Jurisdiction of the Court – Identification of the relevant aspects of EU law – Reformulation of the questions
(Art. 267 TFEU)
(see paragraphs 38-42)
-
Member States – Obligations – Provision of remedies sufficient to ensure effective legal protection – Principle of procedural autonomy – No possibility of bringing an action for revision of a judgment given by a national supreme court of last instance after a preliminary ruling by the Court – Whether permissible – Conditions
(Arts 4(3) and 19(1), second subpara., TEU; Art. 267 TFEU; Charter of Fundamental Rights of the European Union, Art. 47)
(see paragraphs 43-59, operative part)