Ius superveniens e giudicato amministrativo

[Autom. eng. transl.] The administrative res judicata cannot affect the free traits of the administrative action left unprejudiced by the same judge and, first of all, on the powers not exercised and based on factual and normative assumptions different and subsequent to the latter. (1) The ruling interpretative ruling of the Court of Justice is comparable to a regulatory occurrence, which, affecting a proceeding still in progress and on a stretch of interest not covered by the res judicata, determines not a conflict but a chronological succession of rules governing the same legal situation. (2) The pre-eminent requirement of compliance with Community law is also evident in the compliance, as it is the duty of the observance judge to interpret the sentence brought to execution and to outline its dispositive and conformative scope, avoiding to derive from it rules contrasting with Community law. (3)