EU judicial protection - Pre-litigation procedures for article 258 TFEU
3 important questions on EU judicial protection - Pre-litigation procedures for article 258 TFEU
What is the pre-litigation procedure for article 258 TFEU?
This procedure gives the member state the opportunity to comply the obligations. When the member states does not comply the, the Commission will bring the member state before the ECJ.
What does the Commission have to do before they can bring the case before the ECJ?
1. Letter of formal notice, which informs the member state of the alleged breach of EU law and gives an invitation to submit observations
2. Reasoned opinion, which is a formal invitation to the member state to end the infringement.
2. Reasoned opinion, which is a formal invitation to the member state to end the infringement.
What happens if the member state does not end the infringement?
The Commission appeals to the ECJ
It is important to know that the Commission does not have to show particular interest in bringing the case
It is important to know that the Commission does not have to show particular interest in bringing the case
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