Die Rechtskraft von Gerichtsentscheidungen in der Europäischen Union

The ancient proposition »res judicata pro veritate habetur« (i.e. the matter which has finally been adjudicated is deemed to be the truth) reveals how central the principle of res judicata is to a legal system in general. Apart from its significance in procedural law, the concept of res judicata has a serious impact on questions of substantive law. It is common to the legal traditions of all the member states of the European Union and it is generally acknowledged that it also applies to decisions of the ECJ. Claas Friedrich Germelmann examines the res judicata principles in German, French and English law and shows that although being influenced by the different legal traditions of the member states, the concept of res judicata in the case law of the ECJ has several specific features which have to be seen in the context of the general purposes and characteristics of EC law.