Week 8

Question 1

Distribution of roles European vs national judge

Answer 1

CJEU

• Disputes between EU institutions
• Disputes between MS and EU institutions
• Disputes between individuals and EU institutions

National court

• Disputes between MS and individuals
• Disputes between inidviduals

Bridge between the two: art. 267 The preliminary ruling

Question 2

The preliminary ruling

Article 267 TFEU

Answer 2

The court of Justice of the European Union shall have jurisdiction to give preliminary rulings
Concerning:
a) the interpretation of the Treaties
b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union

Question 3

Aim and scope of the preliminary ruling

Answer 3

• Uniform application
• Judicial protection of individuals
• Decentralized enforcement

Question 4

What is a court or tribunal?

Answer 4

Some important requirement;

• Established by law
• Permanent, with compulsory jurisdiction
• Settles disputes between parties
• Applies legal rules
• Is independent

Question 5

Distinction highest and lower courts

Answer 5

Interpretation

• Lower courts may ask vs. highest courts must ask questions
• There is the exception of acte claire or acte éclairé

Validity
- Lower and higher courts must

Foto-Frost arrest –> A national judge does not have the power to invalidate a community handeling.

Question 6

The CJEU

Answer 6

The CJEU has direct and indirect jurisdiction

The direct jurisdiction consists out of:

• Infringement procedure
• Annulment procedure
• Action for failures to act
• Non-contractual liability of the EU

The indirect jurisdiction consists out of;
- Preliminary ruling procedure

Question 7

The ECJ steps up when…

Answer 7

• Incorrect implementation/ no implementation
• Factual behavior
• Breaches Charter of Fundamental rights

Question 8

Article 258 TFEU

Answer 8

The initiator is the commission

• Has discretionary powers
• Member State (very rarely) may also initiate

The defendant is the Member State

Procedure

• Administrative phase
• Judicial phase

Question 9

Article 260 TFEU

How it works in practice

Answer 9

• Normally only after the second judgement

Height of the payment is dependent upon;

• Duration of the breach
• Seriousness of the breach
• Ability to pay of the Member state

Question 10

Action for annulment

Answer 10

Initiator is Member state, EU institutions or organ, private individual
Defendant is EU institution(s), organs and institutions of the EU

Grounds are

• Lack of competence
• Infringement of an essential procedural requirement
• Infringement of the Treaties or of any rule of law relating to their application
• Misuse of powers

Question 11

Action for annulment

Answer 11

Priviliged applicants: Member States, EP, Council, Commission

To protect ‘their prerogatives’: Court of Auditors, ECB, Committee of the Regions

Question 12

Direct and individual concern

Answer 12

Direct concern:
- Direct causal link between the contested act and the new legal position of the individual concerned

Individual concern:
- Plaumann formula
The decision affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from all other persons and by virtue of these factors distinguishes them individually just as in the case of the person addressed

(In the Plaumann case there was no individual concern)