Two Maritime Transport Companies And The Islands Of Sardinia And Sicily
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Traghetti Del Mediterraneo (TDM) and Tirrenia di Navigazione (‘Tirrenia’) are two maritime transport companies which in the 1970s ran ferry services between mainland Italy and the islands of Sardinia and Sicily regularly . In 1981, TDM brought proceedings before the Tribunale di Napoli (Naples District court) against Tirrenia seeking compensation for the damage that it claimed to have suffered during the preceding years as a result of the low-fare policy operated by Tirrenia . Decisions reached by the courts in first instance and later on appeal by the Corte D’apello Di Napoli (Naples Court of Appeal) rejected the action on the ground that the subsides granted by the authorities of the state to Tirrenia were legal. Tirrenia was held not…show more content… The main legal question concerned whether the judgement laid down in Köbler , where a member state has the obligation to pay compensation for damage caused to individuals through infringement of community law , prohibited Italian national legislation. The Italian law excluded all state liability for damage caused to individuals by an infringement of community law, by a national court and individuals were limited to only being able to bring action in damages in cases of ‘intentional fault’ and ‘serous misconduct’ caused by the court .
Conclusions reached by the court found that primarily national legislation which excludes or limits state liability as a result of interpretation of community law by a national court, specifically a court at last instance, was in fact prohibited by community law. The court ruled that community law prohibits, firstly, the exclusion by Italian law of the state from liability where damages where caused to individuals as result of an infringement which stemmed from an interpretation of either ‘evidence carried out by the court’, ‘provisions of law’ and ‘assessment of fact’ . The court also included, secondly, limitation of state liability in their ruling where state liability was restricted exclusively to cases of ‘international fault’ and ‘serious misconduct’ on behalf the court.
The conditions governing such