EU Infringement Procedure
Article 258 TFEU:
“If the Commission considers that a Member state has failed to fulfil an obligation under the
Treaties, it shall deliver a reasoned opinion on the matter after giving the State concerned
the opportunity to submit its observations.
If the State concerned does not comply with the opinion within the period laid down by the
Commission, the latter may bring the matter before the Court of Justice of the EU.”
Article 259 TFEU (Member State vs Member State):
“A Member State that considers that another Member State has failed to fulfil an obligation
under the treaties may bring the matter before the Court of Justice of the EU.
Before a Member State brings an action against another Member State for an alleged
infringement of an obligation under the treaties, it shall bring the matter before the
Commission.
The Commission shall deliver a reasoned opinion after each of the States concerned has
been given the opportunity to submit its own case and its observations on the other party’s
case both orally and in writing.
If the Commission has not delivered an opinion within three months of the date on which
the matter was brought before it, the absence of such an opinion shall not prevent the
matter from being brought before the Court.”
Infringement Proceedings against the UK:
UK Internal Market Bill 2020: UK Government provides for breaching the UK-EU Withdrawal
Agreement – an international treaty – concerning the Protocol on Northern Ireland
EU launched infringement proceedings against the UK under Article 258 on 1 Oct 2020.
Duties and Powers of National Courts
Duty of Sincere Co-Operation:
Article 4(3) TEU: “Pursuant to the principle of sincere co-operation, the Union and Member
States shall, in full mutual respect, assist each other in carrying out tasks which flow from
the Treaties.
Article 258 TFEU:
“If the Commission considers that a Member state has failed to fulfil an obligation under the
Treaties, it shall deliver a reasoned opinion on the matter after giving the State concerned
the opportunity to submit its observations.
If the State concerned does not comply with the opinion within the period laid down by the
Commission, the latter may bring the matter before the Court of Justice of the EU.”
Article 259 TFEU (Member State vs Member State):
“A Member State that considers that another Member State has failed to fulfil an obligation
under the treaties may bring the matter before the Court of Justice of the EU.
Before a Member State brings an action against another Member State for an alleged
infringement of an obligation under the treaties, it shall bring the matter before the
Commission.
The Commission shall deliver a reasoned opinion after each of the States concerned has
been given the opportunity to submit its own case and its observations on the other party’s
case both orally and in writing.
If the Commission has not delivered an opinion within three months of the date on which
the matter was brought before it, the absence of such an opinion shall not prevent the
matter from being brought before the Court.”
Infringement Proceedings against the UK:
UK Internal Market Bill 2020: UK Government provides for breaching the UK-EU Withdrawal
Agreement – an international treaty – concerning the Protocol on Northern Ireland
EU launched infringement proceedings against the UK under Article 258 on 1 Oct 2020.
Duties and Powers of National Courts
Duty of Sincere Co-Operation:
Article 4(3) TEU: “Pursuant to the principle of sincere co-operation, the Union and Member
States shall, in full mutual respect, assist each other in carrying out tasks which flow from
the Treaties.
