Infringements in Application of Community Law: Some Problems and (Im)Possible Solutions

12 Pages Posted: 22 Feb 2010

See all articles by Jan Komárek

Jan Komárek

iCourts, Faculty of Law, University of Copenhagen

Date Written: February 19, 2010

Abstract

On the basis of Case C-508/03 Commission v. United Kingdom [2006] ECR I-3969 this article shows some problems brought by an infringement procedure, concerning a particular case of misapplication of EC law by Member State’s public authorities. Firstly, some individuals can benefit from the infringement. How is their legal position affected by the ECJ’s judgment? Secondly, is it appropriate for the Commission to bring the action to the ECJ before the case has been finally settled on the national level? Thirdly, are these individuals properly represented before the Court?

Keywords: infringement, EU law, legal certainty

JEL Classification: K23, K33

Suggested Citation

Komárek, Jan, Infringements in Application of Community Law: Some Problems and (Im)Possible Solutions (February 19, 2010). Review of European and Administrative Law, No. 1, p.87-98, 2007, Available at SSRN: https://ssrn.com/abstract=1555465

Jan Komárek (Contact Author)

iCourts, Faculty of Law, University of Copenhagen ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

HOME PAGE: http://jura.ku.dk/icourts/staff/profile/?pure=en/persons/591330

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