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.

Question

Quizplus · 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.

Can the Commission Request the ECJ to Impose a Pecuniary