Chapter

Failure to Comply with a Judgment of the Court: Article 260 TFEU<sup>1</sup>

Stine Andersen

in The Enforcement of EU Law

Published in print November 2012 | ISBN: 9780199645442
Published online January 2013 | e-ISBN: 9780191744686 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199645442.003.0004

Series: Oxford Studies in European Law

Failure to Comply with a Judgment of the Court: Article 260 TFEU1

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This chapter examines Article 260 of the Treaty on the Functioning of the European Union (TFEU) concerning failure to comply with judgments of the Court of Justice according to Article 258 TFEU. It begins with a brief discussion of some of the early Community deliberations on sanctions and the eventual introduction of sanctions. It then examines Article 260(2) TFEU, including the amendments introduced by the Maastricht Treaty and the Lisbon Treaty. In doing so, it explains central procedural clarifications provided in case law. The penultimate section appraises the lex specialis provision stipulated in Article 260(3) TFEU concerning failure to notify measures transposing a directive. Drawing from international law literature, the final section discusses the characteristics that make EU sanctions relatively mobile, legitimate, and functional in comparison to sanctions in many international treaty regimes.

Keywords: TFEU; compliance; European Court of Justice; Maastricht Treaty; Lisbon Treaty; lex specialis; international law; EU sanctions; EU law

Chapter.  11343 words. 

Subjects: EU Law

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