40In those circumstances, the Consiglio di Stato decided to stay the proceedings and to refer the following two questions to the Court for a preliminary ruling:(1) In the light of the principle of the primacy of immediately applicable Community law, in the form in this case of [the third code], Decision [90/555] ... and [Note] No 5259 ... , requiring the recovery of aid — which all formed the basis for the recovery measure challenged in the present proceedings (namely, Decree No 20357 ...) — is it legally possible and compulsory for the national administrative authority to recover aid from a private recipient even though a final civil judgment has been delivered confirming the unconditional obligation to pay the aid in question?(2) Or, in view of the generally accepted principle that decisions on the recovery of aid are governed by Community law but the implementation thereof and the associated recovery procedure, in the absence of Community provisions on the matter, is governed by national law (regarding which principle, see the judgment of the Court of Justice in Joined Cases 205/82 to 215/82 Deutsche Milchkontor [and Others] v Germany [1983] ECR 2663), is the recovery procedure rendered legally impossible by virtue of a specific judicial decision that has become res judicata (Article 2909 of the [Italian] Civil Code), thereby being conclusive as between the private individual and the administration, and requires the administration to comply with it?’
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