THE ONE-STAGE INFRINGEMENT PROCEDURE (ARTICLE 260 (3) TFEU) AND THE IRRELEVANCE OF POLITICAL CRISES IN MEMBER STATES IN THE RECENT CASE LAW OF THE CJEU

Albrecht Wendenburg

THE ONE-STAGE INFRINGEMENT PROCEDURE (ARTICLE 260 (3) TFEU) AND THE IRRELEVANCE OF POLITICAL CRISES IN MEMBER STATES IN THE RECENT CASE LAW OF THE CJEU

Research output: Journal contributions › Journal articles › Research › peer-review

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THE ONE-STAGE INFRINGEMENT PROCEDURE (ARTICLE 260 (3) TFEU) AND THE IRRELEVANCE OF POLITICAL CRISES IN MEMBER STATES IN THE RECENT CASE LAW OF THE CJEU. / Wendenburg, Albrecht.
In: REVISTA GENERAL DE DERECHO EUROPEO, No. 54, 05.2021, p. 74-104.

Research output: Journal contributions › Journal articles › Research › peer-review

Bibtex

@article{7e0dbbe9d54644028aebe49191ab6952,

title = "THE ONE-STAGE INFRINGEMENT PROCEDURE (ARTICLE 260 (3) TFEU) AND THE IRRELEVANCE OF POLITICAL CRISES IN MEMBER STATES IN THE RECENT CASE LAW OF THE CJEU",

abstract = "The CJEU ruling Commission v Spain of 25 February 2021 combined two different lines of CJEU case-law, culminating in severe sanctions against Spain: On the one hand, the recent judgments on the {"}one-stage infringement procedure{"} pursuant to Article 260 (3) TFEU, starting in 2019 with Commission v Belgium, was complemented. On the other hand, the established body of case-law on the irrelevance of {"}provisions, practices or situations prevailing in the domestic legal order of a Member State{"} under EU law was unsuccessfully challenged. Thus, the CJEU showed the Member States the limits of invoking national crises in their defence also in {"}one-stage infringement procedures{"}.",

keywords = "Article 260 (3) TFEU, failure to notify measures transposing a directive, provisions, practices or situations prevailing in its domestic legal order of a Member State, imposition of a lump sum and a penalty payment, Gurtel case, Commission v Spain C-658/19, Law",

author = "Albrecht Wendenburg",

year = "2021",

month = may,

language = "English",

pages = "74--104",

journal = "REVISTA GENERAL DE DERECHO EUROPEO",

issn = "1696-9634",

publisher = "IUSTEL",

number = "54",

}

RIS

TY - JOUR

T1 - THE ONE-STAGE INFRINGEMENT PROCEDURE (ARTICLE 260 (3) TFEU) AND THE IRRELEVANCE OF POLITICAL CRISES IN MEMBER STATES IN THE RECENT CASE LAW OF THE CJEU

AU - Wendenburg, Albrecht

PY - 2021/5

Y1 - 2021/5

N2 - The CJEU ruling Commission v Spain of 25 February 2021 combined two different lines of CJEU case-law, culminating in severe sanctions against Spain: On the one hand, the recent judgments on the "one-stage infringement procedure" pursuant to Article 260 (3) TFEU, starting in 2019 with Commission v Belgium, was complemented. On the other hand, the established body of case-law on the irrelevance of "provisions, practices or situations prevailing in the domestic legal order of a Member State" under EU law was unsuccessfully challenged. Thus, the CJEU showed the Member States the limits of invoking national crises in their defence also in "one-stage infringement procedures".

AB - The CJEU ruling Commission v Spain of 25 February 2021 combined two different lines of CJEU case-law, culminating in severe sanctions against Spain: On the one hand, the recent judgments on the "one-stage infringement procedure" pursuant to Article 260 (3) TFEU, starting in 2019 with Commission v Belgium, was complemented. On the other hand, the established body of case-law on the irrelevance of "provisions, practices or situations prevailing in the domestic legal order of a Member State" under EU law was unsuccessfully challenged. Thus, the CJEU showed the Member States the limits of invoking national crises in their defence also in "one-stage infringement procedures".

KW - Article 260 (3) TFEU

KW - failure to notify measures transposing a directive

KW - provisions

KW - practices or situations prevailing in its domestic legal order of a Member State

KW - imposition of a lump sum and a penalty payment

KW - Gurtel case

KW - Commission v Spain C-658/19

KW - Law

UR - https://dialnet.unirioja.es/servlet/articulo?codigo=7958835

M3 - Journal articles

SP - 74

EP - 104

JO - REVISTA GENERAL DE DERECHO EUROPEO

JF - REVISTA GENERAL DE DERECHO EUROPEO

SN - 1696-9634

IS - 54

ER -