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Key facts of the case:

Request for a preliminary ruling from the Tribunalul Sibiu (Romania).

Member State legislation permitting review of definitive (judicial) decisions in breach of EU law delivered in administrative proceedings but not in civil proceedings – Request for a revision of a final decision taken with respect to pollution tax on motor vehicles in civil proceedings – Res judicata – Principles of effectiveness and equivalence – Article 47 of the Charter of Fundamental Rights.

Results (sanctions) and key consequences of the case:

54. ...I propose the following answer to the question referred by the Tribunalul Sibiu:

Article 47 of the Charter of Fundamental Rights of the European Union and the principle of effectiveness laid down in the case-law of the Court of Justice do not preclude national rules which allow for revision of national judicial decisions delivered in administrative proceedings when there is an infringement of the principle of primacy of EU law and which do not allow for revision on the same basis of national judicial decisions delivered in civil proceedings. This is subject to the proviso that there is sufficient clarity as to which is the correct procedure to remedy the infringement of EU law in question, and a final judgment of a court that should have established its incompetence of its own motion cannot bar seeking redress from a competent court.

The principle of equivalence precludes national rules which allow for revision of national judicial decisions delivered in civil proceedings because of a later judgment of the national Constitutional Court or the European Court of Human Rights, but do not allow for this with respect to a later judgment of the Court of Justice of the European Union.