Home / Summaries / Werkcollege International and European Law / state-member-article

EU judicial protection - Infringement proceedings against Member States: articles 258-260 TFEU

Q: Which different parties are there in the infringement procedure in article 258 and 259 TFEU?

1. Plaintiff In art. 258 TFEU it is the European Commission. In art. 259 TFEU it is a member state 2. Defendant In both articles it is a member state as such as a legal entity. It is never a government, parliament, decentralized state entity or a court. It is always the state itself.

5 important questions on EU judicial protection - Infringement proceedings against Member States: articles 258-260 TFEU

What are article 258 and 249 TFEU about?

They are about when the member states are not living up to the obligations of the treaties under European law.

This can be an action of the member state or by an omission of the member state.

What is Article 4(3) TEU about?

It is about the principle of sincere cooperation

Who is the applicant in article 258 TFEU?

The European Commission, because the role of the European Commission is to be the guardian of the treaties. This is mentioned in article 17 TEU.

All institutions of member states must, each within the fields covered by their respective powers, ensure that EU law is complied with...

1. Legislature
2. Administration
3. Judiciary
4. Decentralized authorities
5. Other state authorities

Which different parties are there in the infringement procedure in article 258 and 259 TFEU?

1. Plaintiff
In art. 258 TFEU it is the European Commission. In art. 259 TFEU it is a member state
2. Defendant
In both articles it is a member state as such as a legal entity. It is never a government, parliament, decentralized state entity or a court. It is always the state itself.