EU judicial protection - Consequences of the infringement procedures under article 258 or 259 TFEU
3 important questions on EU judicial protection - Consequences of the infringement procedures under article 258 or 259 TFEU
What effect does the judgement have in the infringement procedure under article 258 or 259 TFEU?
The judgement in principle has a ex tunc effect. This means that it is started from the moment the member state breaches the EU law.
What does article 260(1) TFEU states?
That member states are obliged to take the necessary measures to comply with the judgment
What happens if the ECJ considers that the member state indeed failed to fulfill an obligation under the treaty?
the verdict is merely declaratory, not constitutory.
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