Enforcement Proceedings

Question 1

Com v Belgium 1969

Answer 1

actions of Parliament and all state agencies covered under Art 258

Question 2

Com v Belgium 1982

Answer 2

also Art 258 private or semi public body such as industry representative group that is controlled by the MS

Question 3

Com v Italy 2003

Answer 3

interpretation of EU law, Com blamed the legislators

Question 4

Com v Ireland 2001

Answer 4

Art 258 can include general and persistent infringements

Question 5

Com v Netherlands 1981

Answer 5

Art 258 can include a breach of the obligation of cooperation if the MS doesn’t give info to the Commission

Question 6

Com v France 1973

Answer 6

failing to take steps to prevent a breach enough for Art 258

Question 7

Star Fruit 1989

Answer 7

Com not bound to start proceedings, no duty to proceed to CJEU either

Question 8

Molkerei Zentrale

Answer 8

private enforcement mechanisms are about protecting rights of an individual, while public procedure is for general observance of EU law

Question 9

Com v Germany 1998

Answer 9

inability to cope with large numbers not an excuse

Question 10

Com v Italy 2004

Answer 10

unintended breach not an excuse

Question 11

Com v Greece 1998

Answer 11

EU law’s illegality not an excuse

Question 12

Com v Ireland 2006

Answer 12

Ireland sued UK elsewhere, Com didn’t like it

Question 13

Spain v UK 2006

Answer 13

Commission encourages diplomatic dispute resolution

Question 14

Com v Portugal 2011

Answer 14

the Court accepted Portugal’s argument that it had remedied the breach, overturning Com’s decision to the contrary

Question 15

Waterkeyn 1982

Answer 15

CJEU judgment Art 258 binding on national courts

Question 16

Com v France 2005

Answer 16

relevant Art understood as both lump sum and penalty payment