Direct actions

5 important questions on Direct actions

There are 3 types of direct action:

1) Infringement proceedings;
2) Actions for judicial review (also knows as the annulment procedure);
3) And actions for damages.

The EU treaties provide the Commission and member states with the power to bring infringement proceedings before the ECJ against whom?

Against member states failing to fulfill their Union obligations.

Infringement proceedings = An action for breach of European law that may result in a court case.

Which two stages do these infringement proceedings have?

1) An administrative stage, at which the Commission and the member state try to resolve the matter through negotiation;
2) And a judicial stage, at which, following the failure of negotiations, the Court is involved.
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What happens if the ECJ confirms the alleged infringement?

The member state will have to comply; otherwise the Commission may bring a new action before the ECJ asking for the imposition of a penalty payment. (This penalty may be a lump sum or periodic payment, or both.)

The Court has jurisdiction to review the legality of acts of the EU institutions intended to produce legal effects. What does this review cover?

Regulations, directives, and decisions, but also any other EU act with binding force or that produces legal effects.

The question on the page originate from the summary of the following study material:

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