Op-Ed: “State Liability for Judicial Decisions Infringing EU Law, and the Half-Asleep Dogs of CILFIT: AG Rantos’ Opinion in BX v Statul Român (C-163/24)”

Introduction

On Thursday, 2 October 2025, Advocate General Rantos delivered his Opinion in BX v. Statul Român (C-163/24). BX is a reference by the Bucharest Court of Appeal (the ‘referring court’), posing three questions to the Court of Justice. These relate to whether the misinterpretation of specific provisions of the Common Agricultural Policy (CAP), along with the refusal of a court of last instance to refer, can fulfil the conditions for state liability for judicial decisions infringing EU law as set out in Köbler (C-224/01).

This Op Ed is organised as follows. First, the case’s background is provided. This part also mentions the three questions posed. Second, the Advocate General’s Opinion is presented. Third, various