Chapter 11 Self-test questions

Under Article 260 TFEU the Commission can impose ___________ on a Member State which has failed to comply with a judgment against it made under Article 258 TFEU.

Proceedings under 258 TFEU action can only be brought in respect of failures on the part of the executive of Member States.

True

False

Failure, as understood under Article 258 TFEU, can include: [Please select all that apply]

any wrongful act or omission.

keeping in force national measures which are in conflict with Union law.

failure on the part of Member States to take measures in order to prevent other bodies from breaching EU law.

any wrongful act or omission on the part of the organs of the State, but excludes failure to prevent other bodies from breaching EU law.

Which of the following accurately describes the way an action under 258 TFEU takes place?

The Commission opens proceedings by formal notice inviting the Member State concerned to submit its observations. Then, following the submission of the State's observations to the Commission, the Commission issues a 'reasoned opinion'. If a Member State fails to comply with the Commission's reasoned opinion within the specified time limit, proceedings move to the final stage before the Court.

The Commission begins informally with the notification to the State concerned of its alleged failure, to which the State will respond. Both parties will endeavour to resolve the dispute without moving into the formal phase. If the State and the Commission fail to resolve the dispute, the Commission may proceed to the next, formal stage. The Commission open proceedings by formal notice inviting the Member State concerned to submit its observations. Then, following the submission of the State's observations to the Commission, the Commission issues a 'reasoned opinion'. If a Member State fails to comply with the Commission's reasoned opinion within the specified time limit, proceedings move to the final stage before the Court.

The Commission may immediately bring an action before the CJ against the Member State allegedly in breach of Union law.

The reasoned opinion which is delivered by the Commission in the formal procedure is a binding act which is capable of being challenged before the CJ.

True

False

A Member State in an action under 258 TFEU, for failure to comply with Union law, can use as a defence the fact that 'administrative practices' ensure that EU law is in fact applied.

True

False

What is the essential difference, if any, between the procedure under Article 259 TFEU and that under Article 258 TFEU?

The essential difference is reflected in that Article 259 involves a complaint of an infringement of Union law brought by one Member State against another, whereas under Article 258 TFEU the complaint is brought by the Commission.

Article 259 TFEU does not involve the option of delivering a 'reasoned opinion'.

Article 259 and Article 258 TFEU are completely different.

Member States under Article 259 TFEU cannot bring proceedings against another Member State unless the Commission delivers a reasoned opinion.

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