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Procedures before EU courts - Coggle Diagram
Procedures before EU courts
challenging legality of EU acts
INDIRECT
art 267 TFEU
Art 277 TFEU
DIRECT
Art 263 TFEU
ACT DECLARED RETROACTIVELY INVALID
Standing to challenge acts under Art 263 TFEU
applicants
privileged
semi-privileged
non privileged - individual concern
Art 265 TFEU to challenge EU omissions
INTERIM MEASURES available to Challenges
prima facie case shown
urgency shown
applicant not relying on 3rd party interest
balance of interest requires interim measures
correct interim measures sought
preliminary reference procedure
allows ECJ to make rulings re interpretation/ validity of Treaties/ EU acts
only court or tribunal may refer
references not entertained by ECJ if
EU law issue hypothetical
not relevant to dispute before national court
inadequate factual + legal info
national courts won't make ref where EU courts won't entertain same
NC must make ref where it is a court or tribunal of final instance
exceptions to mandatory duty to refer
earlier ECJ precedent
no Q of EU law
act claire doctrine
case at interlocutory stage
non-contractual liability of EU under Art 340 TFEU
Anyone can bring an action but liability only imposed where
wrongful act/ omission on part of EU institutions
suffered damge
damaged caused by wrongful act/omission
Enforcement action
allows Commission + ECJ to pursue MS who fail to comply w/ obligations under EU law
prelitigation procedure
detection
letter of formal notice
reasoned opinion
litigation procedure
complaint to ECJ
enforcement action objective in nature
Defences typically limited but often pleaded
Difficulties in implementation
illegality of underlying EU provision
absence of positive measures by the MS
EU estoppel
Art 259 TFEU allows MS in certain circumstances to bring enforcement action
Art 260 TFEU allows ECJ to impose fines + periodic penalties for failing to comply with earlier judgement under Art 258 TFEU
note innovations under Lisbon
types of breach
breach of obligation to co-operate
inadequate implementation of EU law
failure to give proper effect to EU law
actions by courts of a MS