It is a fact. It is a common reality. It is almost impossible to win a claim against the State if it is.
The Court of Justice of the European Union (CJEU), in a ruling published Tuesday, has revealed this. It accuses the Spanish state of failing to meet its obligations under the principle of effectiveness which governs community law in these instances.
This principle states that formulas that make it impossible or too difficult to get compensation in practice are not possible in the case of individuals being compensated. This is exactly what the State would do in cases where it tried to claim patrimonial responsibility for damages derived under community law.
The European Commission discovered that Spain's national system was too restrictive and sued it. Tensions started in 2014 when Cristobal Montoro, who was in charge of Finance Ministry, had already slashed the so-called Sanitary Cent (tax on certain hydrocarbons retail sales) The Treasury refused to acknowledge its patrimonial responsibility, and made it harder to demand compensation.
This has been repeated with model 720 goods exported, which forced the Government into changing the regulations to make them conform to community law. The CJEU ruled that excessive fines were unconstitutional and violated freedom. Capital movement.
According to the CJEU document the Commission opened a proceeding against Spain in respect of articles 32 and 34 of Law 40/2015 on the Legal Regime of the Public Sector.
"The above-mentioned procedure was unsuccessful and the Commission started a non compliance procedure against Spain. In this procedure, it asked the Court of Justice for a declaration that the Member state had not met its obligations under the principles of effectiveness or deequivalencia>>.
Today's ruling by the Court of Justice, which is a Grand Chamber, partly upholds the appeal of the Commission and declares that Spain failed to meet its obligations "by virtue of principle of effectiveness in adopting and maintaining in force the contested provision, to the extent they submit compensation to individuals for damages caused by the Spanish legislator due to the infringement of Union Law.