THE SANCTIONS PROCEDURE UNDER ARTICLE 260(2) TFEU

Abstract

This paper aims to describe the procedure under Article 260(2) TFEU. It examines the circumstances in which a Member State of the European Union may be held liable for non-compliance with EU law and the consequences it provides for in such a situation, in particular when that State fails to comply with a judgment establishing such liability. It also looks at the nature and extent of the 
sanctions applied, including the criteria applied by the CJEU and the Commission in determining those sanctions, and the effects of that judgment. In particular, the role of the European Commission and the role of the Court of Justice are considered, as well as the missing role of individuals in this procedure