Question 1

Does Article 258 TFEU give the Commission discretion as to whether to bring proceedings against a Member State for an alleged breach of EU law before the ECJ?&#10;A) The Commission has no discretion as Article 258 TFEU specifies what action it must take.&#10;B) The Commission has a limited discretion in such circumstances.&#10;C) The Commission has complete discretion as to whether to bring proceedings against the Member State before the ECJ.

Accepted Answer

Article 258 TFEU grants the Commission complete discretion to decide whether to bring infringement proceedings against a Member State for an alleged breach of EU law.

Question 2

What document is issued at the end of the administrative stage of proceedings under Article 258 TFEU if the Member State persists in its failure to fulfil its obligations arising out of EU law, and the Commission wishes to pursue the matter?

A) A recommendation.
B) A reasoned opinion.
C) A formal notice.

B

Accepted Answer

A reasoned opinion is issued by the European Commission at the end of the administrative stage of proceedings under Article 258 of the Treaty on the Functioning of the European Union (TFEU) if a Member State persists in its failure to fulfil its obligations under EU law, and the Commission decides to pursue the matter further. This document outlines the Commission's view on how the Member State has failed to comply with EU law, serving as a final warning before the Commission may decide to refer the case to the Court of Justice of the European Union.

Question 3

Which EU institution can take enforcement action against a Member State under Article 258 TFEU?&#10;A) The Commission&#10;B) The Council&#10;C) The EP

Accepted Answer

According to Article 258 TFEU, it is the responsibility of the European Commission to take action against a Member State that is not complying with EU law. The Commission may initiate infringement proceedings against the Member State by sending a letter of formal notice, followed by a reasoned opinion, and ultimately referring the matter to the European Court of Justice if the Member State fails to address the issue. The Council and EP do not have specific enforcement powers under Article 258 TFEU.

Question 4

Which of the following defences submitted by a Member State allegedly in breach of EU law is likely to be accepted by the ECJ?&#10;A) Defence based on reciprocity&#10;B) Defence based on necessity&#10;C) Defence based on force majeure

Accepted Answer

The ECJ is likely to accept a defence based on force majeure because it recognizes situations outside the control of the Member State that prevent it from fulfilling its obligations under EU law. Defences based on reciprocity and necessity are generally not accepted because they could undermine the uniform application and effectiveness of EU law.

Question 5

Can the Commission request the ECJ to impose a pecuniary penalty on a Member State which is allegedly in breach of EU law in its application to the ECJ in which it asks the ECJ to declare that a Member State has failed to fulfil its obligation deriving from EU law?

A) This possibility is excluded under EU law.
B) This possibility is limited to the cases in which a Member State has failed to notify to the Commission measures transposing a directive adopted under the legislative procedure.
C) The Commission can always make such a request.

Accepted Answer

The Commission can request the ECJ to impose a pecuniary penalty only in cases where a Member State has failed to notify to the Commission measures transposing a directive adopted under the legislative procedure. This possibility is established under Article 260(3) TFEU.

Deck 14: Enforcement of EU Law - Actions Against Member States