Actions against member states

Question 1

what Is the main reason that an action may be Brought against a member state

Answer 1

the member state has not met the deadline of a directive

Question 2

if a member state fails to implement a directive by the deadline what article is used against them

Answer 2

article 258 or 259 action

Question 3

what is an article 258 action

Answer 3

the commission delivers a reasoned opinion on the matter after giving them the opportunity to submit its observations
if the member state concerned still does not comply after being nudged by the Commission then the commission may bring the matter before the court of justice

Question 4

what is an article 259 action

Answer 4

• a member state which considers another member state to have failed to fulfil its obligations may bring the matter before the court of justice
• however before they can do this they have to bring the matter before the commission
• the commission will issue a reasoned opinion after each of the states have been given the opportunity to submit its own case
  there is a time limit of three months for the commission to issue their reasoned opinion from when it was Brought to its attention

Question 5

how does article 259 differ from article 258

Answer 5

• the initiator of the case being Brought is the commission and or another member state

Question 6

what is article 260 about

Answer 6

• the matter has been brought before the court of justice all the stages have been exhausted the offending state still has not complied the reasoned opinion has been issued and not been followed so the matter is now at the court of justice again who will issue a judgement ordering the member state to comply for a second time if it still fails to comply then a lump sum or penalty payment