EU Law I: Infringement procedure

From BluWiki

Infringement procedure

• Member State failed to fulfil obligations
  • Initiative: Commission
• First Round
  • Pre-Litigation phase
    • Informal dialogue with Member State
    • Letter of formal notice: Letter from Commission to Member State containing brief summary of complaints (including time frame to respond)
    • Reasoned opinion: Opinion addressed to MS, containing a coherent and detailed statement of the complaints (incl. time limit until MS must comply)
  • Judicial Phase
    • Possibility of bringing action to ECJ
    • If ECJ agrees, judgement will contain detailed failure of MS
• Second Round
  • Pre-litigation phase
    • Equal to Pre-litigation phase in 1st round
    • Content: failures listed in first judgement
  • Judicial Phase
    • Initiative: Commission
    • Content: in line with reasoned opinion, suggesting sanction (lump sum, periodic payment)
    • Judgement: Details continued failure, imposes financial sanction

References & Links

Lecture Slides covering this topic

• Lecture 7

See also

• Essential EC Law in Charts, Charts 12|14 - 12|17
• Art. 226 EC
• Art. 228 EC

• EU Law I
• Exam 2008