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EU > Court Actions > Flashcards

Court Actions Flashcards

1
Q

Pending direct actions in court of justice after brexit

A

After transition period any pending causes (including appeals) fall within jurisdiction of CJEU until complete

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2
Q

New direct actions in CJEU after brexit

A

If commission wants to bring proceedings against U.K. for action or inaction during transition period it must do so within 4 years

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3
Q

What can the CofJ deliver preliminary rulings on

A

Validity and interpretation of EU law

Actions of institutions, bodies, officers or agencies of EU

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4
Q

Things outside jurisdiction of C of J

A

Rule of application of EU law
Interpretation of national law
Compatibility of national law with EU law

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5
Q

When can a national court refer a question to C of J

A

Whenever they think it necessary to enable it to give judgement

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6
Q

Discretion to refer

A

Any court can refer a question to C of J when it thinks a decision on EU law is needed to enable it to give judgement

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7
Q

Obligation to refer

A

If a question of EU a law is raised before a national court of last resort / no chance of appeal then they must refer it to C of J

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8
Q

What preliminary questions will C of J decline to answer

A

Hypothetical
Irrelevant or
No genuine dispute

National court didn’t give sufficient info

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9
Q

Can a national court refer a question to C of J even if they have ruled on a similar matter before or a superior national court have already ruled on the point

A

Yes

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10
Q

Once the C of J has given a preliminary ruling can the national court depart from it in future cases

A

Yes if different facts

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11
Q

Who is bound by C of J preliminary rulings

A

All national courts of EU MS

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12
Q

Can a lower court decide not to exercise its discretion to refer

A

Yes even if the question is necessary to reach judgement - it can reach its own conclusion on the question of EU law

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13
Q

When does a national court NOT need to make a referral for a preliminary ruling

A

Question of EU law not relevant
c of J previously ruled on the point
Interpretation so obvious there’s no reasonable doubt

Can still refer anyway if the national court thinks it appropriate

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14
Q

What is a reference of validity

A

If national courts decision depends on validity of EU measure it must make referred to C of J to

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15
Q

Can national courts declare EU law invalid

A

No

But can grant interim relief by temp suspension of national measure

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16
Q

What if a national court doesn’t meet its obligation to refer a question to C of J

A

State liability in damages arises

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17
Q

Preliminary rulings to C of J after brexit

A

U.K. courts can make referrals on the meaning of any aspect of part 2 of the withdrawal agreement for 8 years beyond transition period

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18
Q

Who can bring an enforcement action against a MS in breach of treaty obligations

A

Commission or MS

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19
Q

Process for commission to bring enforcement action against MS in breach of treaty obligation

A 
Raise informally 
Letter of notice setting out suspicions 
MS has reasonable time to reply 
Negotiate - try to settle 
Reasoned opinion setting out grounds and deadline 
MS can submit observations 
C of J if not fixed by deadline
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20
Q

How does the commission discover the MS has breached a treaty obligation

A

Investigations, complaints from individuals or reports from MS

21
Q

Can enforcement action be brought against a MS for failure to act

A

Yes a breach of a treaty obligation can be an act or a failure to act

22
Q

Is the commission compelled to bring an enforcement action against an MS who breaches a treaty obligation

A

No - discretion to act but not a duty

23
Q

Does a letter of notice and reasoned opinion have any binding force

A

No

24
Q

Who is the defendant in an enforcement action

A

Always the MS gov regardless of which state agency breached the treaty ob

25
Q

What penalties can the court give in an enforcement action

A

Any level of penalty even if breach is remedied before judgement if it was long and serious

26
Q

Process for enforcement action by MS against MS who breached treaty ob

A

Take it to the commission
Commission hears submission from both MS
Delivers reasoned opinion
Seeks settlement

Might take it over

27
Q

Which is an action for annulment

A

It is the JR for an EU act

28
Q

What are the JR grounds for annulment action

A

Lack of competence
Procedural error
Breach of treaty
Misuse of power

29
Q

Who can bring an annulment action against an EU act

A

MS, EU institution or individuals

EU act must be capable of changing the legal position of the applicant

30
Q

Who is an annulment action brought against

A

An EU institution

31
Q

What acts are reviewable under an annulment action

A

Action must be capable of changing the legal position of the applicant

32
Q

How long do you have to bring an annulment action

A

2 months from publication, notification or knowledge

33
Q

Three classes of applicant

A

Privileged - MS, parliament, council and commission
Semi privileged - central bank, court of auditors and committee or regions (when interests are affected)
Non- privileged - individuals (when it’s addressed to them or they are directly and individually concerned)

34
Q

What is direct concern

A

Causal link between act and damage

If MS is given discretion in implementation then the chain is broken for annulment action between EU act and loss

35
Q

Plaumann formula for individual concern

A

Affected due to circumstances or characteristics unique to them

36
Q

What happens if an annulment action is successful

A

Measure is void and institution must comply

37
Q

What is an action for failure to act

A

Can be brought by privileged and non privileged applicants against EU institution where they have a sufficiently defined duty to act. Applicant must be directly and individually concerned by act. Asked to act and failed to define position within 2 months.

38
Q

Consequences of successful action for failure to act

A

Declaration of failure to act

Institution must take the necessary measures to comply with judgement

39
Q

What is a plea of illegality

A

Challenge legality of an act using JR grounds.

Not a cause of action- must be brought alongside another action

40
Q

Who can bring a plea of illegality

A

Privileged and non privileged applicants

41
Q

Is there a time limit on plea of illegality

A

No it can be brought even after two months have passed

42
Q

Consequences of successful plea of illegality

A

Declaration of incompatibility

43
Q

Do you need an annulment before you claim damages for loss due to EU action

A

No

It is an independent action

44
Q

How long to bring damages for loss due to EU action

A

5 years from materialisation of damage

45
Q

When can you bring a claim for damages for loss due to EU action

A

Official - necessary extension of tasks entrusted
Institution - wrongful or illegal act, damage and causation

Rule infringed confers rights on individuals, breach is sufficiently serious and causal link between breach and damage

46
Q

What isa sufficiently serious breach for claim for damages against EU act

A

Manifest and grave disregard of discretion by EU

47
Q

Restrictions on bribing a claim for damages due to loss caused by EU act

A

Must mitigate loss
Exhaust national causes of action which result in compensation
Quantify loss beyond normal risks of business

48
Q

Which courts can award damages against national authorities

A

Only national courts

49
Q

Which courts can give damages against EU institutions

A

Only EU institutions

EU (8 decks)

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