Litigation within the EU Flashcards
What is the point of Article 258 infringement proceedings?
If the Commission finds the member state has failed to fulfill an obligation after an initial opinion of the Commission, it may bring the matter before the Court of Justice.
Is the point of Article 258 infringement proceedings:
a. For citizens to achieve private redress? or
b. As a means of securing compliance with EU law?
It is b - a means of securing compliance with EU law
How do citizen complaints fit into the Article 258 process?
Complaints by citizens are a significant source of information. A complaint form exists, which is reviewed by the Commission. The CoJ has forced the Commission to be more transparent in its handling of citizen complaints.
What control does an individual citizen acting as a complainant have over Art 258 proceedings?
They have no say in whether the matter moves forward, as these proceedings are not designed for individual redress.
Are Art 258 proceedings private or public?
They are kept private to limit the embarrassment to member states.
Does the Commission have discretion on whether to bring Article 258 proceedings?
Yes. It cannot be forced to bring them.
Star Fruit v Commission
A case brought by an external third party to try and force the Commission in initiate Art 258 proceedings. They were not successful.
Commission v Greece
The Court of Justice determined the Commission’s reasons for bringing Art 258 proceedings are immaterial.
Commission v United Kingdom (Open Skies) (Case C-466/98)
UK was displeased that the Commission appeared to be initiating Art 258 proceedings simply to jump start climate action-related talks. Court of Justice didn’t care/said they can bring a 258 proceeding for whatever reason they want.
Commission v Germany [1995]
The Court ruled the Commission doesn’t have to demonstrate a reason for bringing Article 258 proceedings but when they do so can be subject to restriction.
Commission v Netherlands [1991]
Delays in bringing Art 258 proceedings could infringe on the Member State’s right to a defense.
Commission v Ireland [1984]
If the Commission brings action too quickly before a Member State has a chance to respond, that can be an issue.
What is the role of the reasoned opinion in Art 258 proceedings?
- It is the official means by which the Commission is communicating the substance of the complaint against the Member State.
- It provides a member state with protection, as there must be reasoning in the opinion.
- It specifies the time period in which the vioation must be remedied.
- It provides the Member State with a clear statement of the case against it.
Commission v Italy 1961
Article 258 proceedings can be used to address lack of reasoning in a Commission’s reasoned opinion.
Does the complaint against the Member State in an Art 258 proceeding have to remain exactly the same from reasoned opinion to court action?
No, but the essence of the complaint must remain the same across all documentation actions.
Does the Commission have to grant access to reasoned opinions?
No, but it sometimes publishes them.
What is an Art 267 preliminary reference procedure?
The Court of Justice gives preliminary rulings re:
1. Interpretation of the Treaties
2. Validity and Interpretation of the Acts of the EU Institutions
Member States can choose to request these. If there is no judicial remedy (appeal) available under national law they are required to ask for it.
What are the criteria for a Member State judicial body to be considered a court/tribunal for Art 267 purposes?
- It is established to be so by EU law
- It is permanent
- its jurisdiction is compulsory
- Its procedure is inter partes
- It applies the rule of law
- It is independent
Can a court refer any issue to the ECJ? Does the court have to hear it?
No - it must be an issue of EU law. No, the Court gets to choose whether it is necessary to issue a ruling.
Are there exceptions to the obligation for the courts of last instance in a member state to refer for a preliminary ruling?
Yes:
1. If a previous ruling in a similar case/proceedings has been issued and can applu
2. Even if there wasn’t a prior ruling but the answer is obvious (Acte Clair)
Can the ECJ delcare a national law invalid in Art 267 proceedings?
No
Can a national court declare an EU law invalid?
No
Foglia v Novello
The ECJ does not entertain contrived disputes.
Gaspirini
The ECJ does not have to entertain hypothetical cases. (It still may on occasion, such as the Whiteman case re: the UK withdrawing from the EU/Art 50 proceedings)
Bacardi - Martini
The ECJ will not hear a case if the questions in the case are not clearly articulated.
Telemaroicabruzzo
The ECJ will not hear a case if the facts int he case are insufficiently clear. (The ECJ generally wants a facts matrix before it hears a case.)
