How to deal with infraction proceedings against the UK government
Produced in partnership with Adam Cygan of University of Leicester
How to deal with infraction proceedings against the UK government

The following Public Law guidance note Produced in partnership with Adam Cygan of University of Leicester provides comprehensive and up to date legal information covering:

  • How to deal with infraction proceedings against the UK government
  • The complaint to the European Commission
  • The procedure under TFEU, art 258
  • The procedure under TFEU, art 260
  • Defences to Infringement Actions under TFEU, art 258
  • No breach exists
  • Reciprocity
  • Force majeure
  • Constitutional or Political Difficulties—National interest defence
  • Factual application
  • more

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Under TEU, art 17(1) one of the Commission’s core roles is to supervise member state compliance with EU law. The general EU infringement procedure constitutes the Commission’s main tool of enforcement. It consists of two distinct procedures stipulated in TFEU, art 258 and art 260 each with its own subject-matter.

The main difference is:

  1. TFEU, art 258 procedure is designed to obtain a declaration that the conduct of a member state is in breach of EU law and that the conduct will be terminated

  2. TFEU, art 260 procedure is designed to induce a defaulting member state to comply with a judgment establishing a breach of obligations, ie repetitive infringements, and