THE ONE-STAGE INFRINGEMENT PROCEDURE (ARTICLE 260 (3) TFEU) AND THE IRRELEVANCE OF POLITICAL CRISES IN MEMBER STATES IN THE RECENT CASE LAW OF THE CJEU

Albrecht Wendenburg

THE ONE-STAGE INFRINGEMENT PROCEDURE (ARTICLE 260 (3) TFEU) AND THE IRRELEVANCE OF POLITICAL CRISES IN MEMBER STATES IN THE RECENT CASE LAW OF THE CJEU

Albrecht Wendenburg

Research output: Journal contributions › Journal articles › Research › peer-review

Abstract

The CJEU ruling Commission v Spain of 25 February 2021 combined two different lines of CJEU case-law, culminating in severe sanctions against Spain: On the one hand, the recent judgments on the "one-stage infringement procedure" pursuant to Article 260 (3) TFEU, starting in 2019 with Commission v Belgium, was complemented. On the other hand, the established body of case-law on the irrelevance of "provisions, practices or situations prevailing in the domestic legal order of a Member State" under EU law was unsuccessfully challenged. Thus, the CJEU showed the Member States the limits of invoking national crises in their defence also in "one-stage infringement procedures".

Original language	English
Journal	REVISTA GENERAL DE DERECHO EUROPEO
Issue number	54
Pages (from-to)	74-104
Number of pages	31
ISSN	1696-9634
Publication status	Published - 05.2021

Research areas and keywords

Article 260 (3) TFEU
failure to notify measures transposing a directive
provisions
practices or situations prevailing in its domestic legal order of a Member State
imposition of a lump sum and a penalty payment
Gurtel case
Commission v Spain C-658/19
Law

Cite this

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title = "THE ONE-STAGE INFRINGEMENT PROCEDURE (ARTICLE 260 (3) TFEU) AND THE IRRELEVANCE OF POLITICAL CRISES IN MEMBER STATES IN THE RECENT CASE LAW OF THE CJEU",

abstract = "The CJEU ruling Commission v Spain of 25 February 2021 combined two different lines of CJEU case-law, culminating in severe sanctions against Spain: On the one hand, the recent judgments on the {"}one-stage infringement procedure{"} pursuant to Article 260 (3) TFEU, starting in 2019 with Commission v Belgium, was complemented. On the other hand, the established body of case-law on the irrelevance of {"}provisions, practices or situations prevailing in the domestic legal order of a Member State{"} under EU law was unsuccessfully challenged. Thus, the CJEU showed the Member States the limits of invoking national crises in their defence also in {"}one-stage infringement procedures{"}.",

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THE ONE-STAGE INFRINGEMENT PROCEDURE (ARTICLE 260 (3) TFEU) AND THE IRRELEVANCE OF POLITICAL CRISES IN MEMBER STATES IN THE RECENT CASE LAW OF THE CJEU

Abstract

Research areas and keywords

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