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- University Of Hertfordshire
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European Union Law LectureEnforcement Proceedings: Articles 258-260 TFEU
www.herts.ac.uk/law
, Structure of lecture
• What’s the point of enforcement proceedings?
• What breaches of law do they cover?
• What exactly is the procedure under Art 258?
• What is Art 259 procedure?
• What happens if a MS is found in breach? Judgments and
fines (Art 260)
• Art 169 EEC = Art 226 TEU = Art 258 TFEU
, What’s the point of enforcement
proceedings?
• If MS fails to fulfil an obligation under EU law,
enforcement action may be started
▫ Art 258: at the initiative of the Commission
▫ Art 259: at the initiative of another MS
▫ Art 260: financial penalties
• Purpose:
▫ Ensure the proper application of EU law
▫ Clarify the proper interpretation of EU law
▫ Provide (at the initial stages) a non-contentious
mechanism (friendly settlement via negotiation)
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