Chapter 7 Self-test questions

Article 258 TFEU concerns which of the following?

Actions by individuals against a member State for damages.

Actions to annul EU Acts.

Commission action against member States for failures to fulfil obligations under the Treaty.

Actions by one member State against another member State.

Failure to remove inconsistent legislation constitutes a breach even if the authorities no longer apply the national legislation and apply the EU rules in preference.

True

False

If an individual reports an infringement of a member State to the Commission, which one the following is the consequence?

He or she is permitted to take part in the proceedings.

He or she is rewarded with part of any fine that may subsequently be levied on the member State.

He or she is able to hold the Commission to account if it does not act.

He or she is unable to force the Commission to take any action in the matter.

If the Commission considers that a member State has failed to fulfil an obligation under this treaty, it shall deliver a ________ _______ on the matter.

If a member State should fail to comply with the reasoned opinion of the Commission, the Commission then has the right (which is discretionary) to bring the matter before the European Court of Justice, specifying its grounds for action.

True

False

What does the following statement mean? 'The initial judgment is merely declaratory.'

The State can be fined immediately.

The breach is formally declared by the European Court of Justice and the offending State has to take the necessary measures to end the infringement.

That nothing further can take place.

That anyone can now sue the State.

There are numerous effective defences to an Article 258 TFEU action open to the member States.

True

False

In cases of urgency or in which economic hardship may ensue, the European Court of Justice may order the suspension of a contested national Act or proscribe interim measures.

True

False

Under the revised Art. 260 TFEU, the Commission may request and the European Court of Justice may order which of the following?

The member State to promise not to breach EU law again.

The member State to withdraw from the European Union.

Reciprocal action by other States which might have suffered form the breach.

A fine in the form of a periodic payment, or lump sum, or both.

A member State may bring an action against another member State at any time and without delay.

True

False

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