The liability of the Spanish State for breach of EC Law: the landmark ruling of the Spanish Tribunal Supremo in the CanalSatelite Digital case

Abstract:

The article analyses the landmark ruling of the Spanish Tribunal Supremo awarding the satellite TV operator CanalSatélite Digital €26.4 million in damages for the losses suffered as a consequence of the enactment of legislation contravening Arts 28 and 49 EC and the state's disregard of the obligation of prior notification pursuant to Directive 83/189. Although the legislation's compatibility with Community law had been the subject of infringement proceedings before the Commission and a preliminary ruling of the Court of Justice, the Tribunal Supremo reached its finding of the state's liability without recourse to another preliminary reference to the Court.