Law 5110 Study Guide - Quiz Guide: Procedural Law, Force Majeure, Shanty Town
Document Summary
Pre-litigation or administrative phase (1st phase: informal letter. Commission v. france: can ms defend themselves, possible argument: substantive law (no infringement etc) -> rather unlikely to be successful, possible argument: procedural law (procedural mistakes by the. Commission in the infringement procedure -> effective argument for ms to bring defense pleas before the court) 1 case c-1/00 commission v france [2001] ecr i-9989. Community directives (case 1/86 commission v. belgium) -> belgium pleaded the dissolution of its parliament, separation of powers and was rejected (case. If commission finds non-compliance, it specifies the amount of the lump sum or penalty payment to the court: administrative phase i, art. 258 tfeu: letter of formal notice, reasoned opinion. 2 joined cases 90/63 and 91/63 commission v luxembourg and belgium [1964] ecr 625: matter: non-compliance with eu law, judicial phase i, arts. 258, 260. 1 tfeu: commission takes the case to court, cjeu gives its judgment on the non-compliance with eu law, judicial phase ii, art.
