Making Effective Use of Article 260 TFEU

Pål Wennerås 

Office of the Attorney General, Norway

August 10, 2016

Forthcoming in A. Jakab and D. Kochenov, The Enforcement of EU law and Values (OUP 2017) 

Abstract:    
Much has been written on Article 260 TFEU, and the refrain continues along the lines that it is a potentially effective instrument for securing compliance with EU law which has yet to materialise. Some have started to question whether pecuniary sanctions can ever be an effective tool and have eyed the political procedure in Article 7 TEU with a glimmer of hope. But since money talks and the conditions in Article 7 TEU are onerous, it seems premature to discard the value of Article 260 TFEU just yet. But what then is the problem and is it possible to do anything about it? That is the topic of this chapter, which examines the design of the system and its application by the Commission and the Court.

Number of Pages in PDF File: 20

Keywords: Article 258 TFEU, Article 260 TFEU, infringement proceedings, penalty payment, lump sum, sanctions, enforcement

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2821032