L5:Judicial protection part 1

Question 1

what are the 4 procedure the CJEU and the general court go over?

Answer 1

Preliminary Reference Procedure, the Infringement Procedure I, the Infringement Procedure II, and Actions for Annulment

Question 2

what is the purpose of the Preliminary reference procedure?

Answer 2

Art 267. to form judicial protection for individuals and ensure uniform interpretation and application of EU law in all MS.

Question 3

The preliminary reference (Art. 267 TFEU) procedure timeline

Answer 3

Remember Costa/ENEL

1. National court refers a question about EU law to the CoJEU.
2. The national court case is temporarily suspended.
3. CoJEU answers the question.
4. National court issues its final ruling and has to follow the CoJEU’s interpretation.

Question 4

give the preliminary reference procedure (Art. 267 TFEU): key features?

Answer 4

• All courts from national judiciary may use procedure and courts in last resort must ask a question if EU law has to be taken into account.
• This is not required if there is an Acte Clair, which is when the correct interpretation is obvious,
• Acte Eclaire, which is when the issue has already been interpreted by the CJEU in a different case.

Question 5

Infringement Procedure?

Answer 5

the EC can start cases against MS if they fail to fulfill their EU obligations.

Question 6

key features of the Infringement Procedure?

Answer 6

• European Commission can start proceedings against Member States if it fails to fulfil its EU obligations
• If Member States does not comply with a judgement of the CoJEU: financial penalties can be imposed (Art. 260 (3) TFEU).
• Examples: breaching of TFEU articles or the incorrect implementation of a directive

Question 7

what are the 4 stages of the enforcement action against MS?

Answer 7

1. Informal stage. Informal dialogue during which the Commission informs MS that it is in breach of EU law.
2. Formal notification.
   Commission formally informs MS about the breach, and requests it to submit observations
3. Reasoned opinion.
   If the issue has not been solved: Commission formulates a “reasoned opinion”  gives MS 2 months to repair.
4. Judicial proceedings
   If the issue is still not solved the commission can take the case to the CoJEU.

Question 8

Member State against Member States?

Answer 8

Action for infringement by MS.
• One MS can take another MS to court for failing to implement or not adequately implementing EU law.
• However, case must be brought before the
• Commission first.  Commission is “guardian of the treaty”.
• Commission delivers a reasoned opinion after both MS have presented their arguments.
• After that the case can still go to the CoJEU.

Question 9

what is Compliance with CoJEU ruling?

Answer 9

• If CoJEU finds that a MS is in breach, the MS must take measures to comply with the judgment.
• If Commission finds that MS has not complied with the judgment it can bring a new case before CoJEU and ask for lump sum or penalty payment.