Judgment of the Court (Grand Chamber) of 18 July 2007 (reference for a preliminary ruling from the Consiglio di Stato, Italy) — Ministero dell'Industria, del Commercio e dell'Artigianato v Lucchini SpA, formerly Lucchini Siderurgica SpA

(Case C-119/05) (1)

(State Aid - ECSC - Steel industry - Aid declared incompatible with the common market - Recovery - Whether a judgment of a national court has the authority of res judicata)

(2007/C 211/04)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Appellant: Ministero dell'Industria, del Commercio e dell'Artigianato

Respondent: Lucchini SpA, formerly Lucchini Siderurgica SpA

Re:

Reference for a preliminary ruling — Consiglio di Stato — Recovery of aid declared incompatible with the common market and contrary to Commission Decision No 3484/85/ECSC of 27 November 1985 establishing Community rules for aid to the steel industry (OJ 1985 L 340, p. 1) — Obligation on the State to recover the aid notwithstanding a final civil judgment to the contrary

Operative part of the judgment

Community law precludes the application of a provision of national law, such as Article 2909 of the Italian Codice Civile (Civil Code), which seeks to lay down the principle of res judicata in so far as the application of that provision prevents the recovery of State aid granted in breach of Community law which has been found to be incompatible with the common market in a decision of the Commission of the European Communities which has become final.

(1)  OJ C 132, 28.5.2005.