INFRINGEMENT PROCEDURE, STATE LIABILITY AND ACTION FOR DAMAGES

Question 1

What actors are involved in the ‘infringement procedure’?

Answer 1

• European Commission (COMM)- Art. 258 TFEU
• Memberstate (not usual)-Art. 259 TFEU

Question 2

What are the phases of the infringement procedure?

Answer 2

1. Initiative- letter of formal notice by COMM or MS
2. Pre-litigation phase- closed with reasoned opinion and deadline for compliance
3. second round– redo pre-litigation phase, otherwise to judicial phase- monetary penalties.

Question 3

What is State Liability?

Answer 3

the obligation of member states to pay compensation for harm caused to individuals by breaches of EU law for which the state can be held responsible.

Question 4

What are the conditions for state liability?

Answer 4

1: the legal provision infringed must be intended to confer
rights on individuals.
**2: **the breach must be sufficiently serious.
**3: **there must be a direct causal link between the breach of
the obligation resting on the State and the damage sustained
by the injured parties.

Question 5

State liability also for EU institutions?

Answer 5

yes- EU liability
1) Unlawful act or conduct by an EU
institution
2) Actual damage suffered by the applicant
3) Causal link between illegality and damage suffered