Common Market Law Review
Volume 49, Issue 1 (2012) pp. 145 – 175

https://doi.org/10.54648/cola2012005

Abstract

Since the Treaty of Maastricht introduced the possibility of imposing financial penalties on Member States that failed to comply with judgments of the Court, only fourteen rulings have been handed down by the Court under Article 260 TFEU (ex 228 EC). Not all of these cases resulted in sanctions, and the penalties imposed in some judgments were hardly sufficient to deter similar infringements from recurring. However, some improvements can be seen in recent years and the Lisbon Treaty has introduced amendments aimed at bolstering the effectiveness of Article 260 TFEU.  Taking stock of the case law and the Lisbon amendments, this article explores whether Article 260 TFEU has been effectively employed as a tool for enforcing EU law and to what extent the Treaty amendments are likely to make a difference.

Extract

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