Q&As

What is the EU infringement procedure under Article 258 TFEU and how can proceedings be monitored?

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Produced in partnership with Adam Cygan of University of Leicester
Published on LexisPSL on 19/02/2021

The following Public Law Q&A produced in partnership with Adam Cygan of University of Leicester provides comprehensive and up to date legal information covering:

  • What is the EU infringement procedure under Article 258 TFEU and how can proceedings be monitored?
  • What are the infringement proceedings under Article 258 TFEU?
  • What happens if a Member State fails to comply with the court’s judgment?
  • How can the progress of Infringement Proceedings under Article 258 TFEU be monitored?
  • What is the effect of Brexit on infringement actions?

What is the EU infringement procedure under Article 258 TFEU and how can proceedings be monitored?

What are the infringement proceedings under Article 258 TFEU?

If an EU Member State fails to communicate measures that fully transpose the provisions of an EU Directive, or fails to rectify a suspected violation of EU law, the European Commission may launch a formal infringement procedure under Article 258 TFEU.

The procedure follows a number of steps laid out in Article 258 TFEU, each ending with a formal decision:

  1. the Commission sends a letter of formal notice requesting further information to the Member State concerned, which must send a detailed reply within two months

  2. if the Commission concludes that the Member State is failing to fulfil its obligations under EU law, it may send a reasoned opinion. This is a formal request for the Member State to comply with EU law. The letter explains why the Commission considers that the Member State is breaching EU law. It also requests that the Member State inform the Commission of the measures taken to remedy the breach, within a specified period, usually two months

  3. if the Member State still does not comply, the Commission may decide to refer the matter to the Court of Justice, however the majority of cases are settled before being referred to the Court of Justice

  4. if an EU Member

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