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Remedies for Infringement of EU Law by States – Updated

From June 8 to 13, 2010, a joint seminar “Private Law Modernization in the Context of National Legal System”, organized by the University of Konstanz and the University of Tartu, takes place in Tartu. The seminar is about the influence of EU consumer law (mostly the directives) on Member States’ private law, but also about the institutes of modern consumer law and trade law, and about general private law developments that should be taken into account while working out common private law (CFR). That way – it seems that both contractul law developments (CFR) and (non-contractual) legal developments (directives) of private law are combined in the seminar. (Who have been sceptical enough not to understand – There exist two distinct, but related areas of private regulation – contractual regulation and non-contractual regulation. Contractual regulation bases on contracts that in cases of cross-border dimension may include arbitration clause and choice of law. Non-contractual regulation means regulation of private relations by public mechanisms, such as laws.)

My presentation focuses on aspects of legal (non-contractual) developments. The heading of my presentation that will probably take place on 12 June 2010 is “Remedies for Infringement of EU Law by States”, and it concentrates on state liability with regard to the possible consequences of non transposition and wrong transposition of directives, and failure to notify measures transposing directives. I shall upload here the text of my presentation after having held it. At present, I am working out the text of the presentation, and thinking that the presentation could include the following points:

1. Infringement of EU Law

1.1. What Constitutes an Infringement of EU Law?

-Categories of Infringement

-Transposition of Directives

-Failure to Notify Measures Transposing a Directive

1.2. What Infringements are Attributable to Member States?

-The Concept of Member State as understood by the CJEU

-The Concept of Member State in the Context of the Vertical Direct Effect of Directives

-The Duty to Apply EU Law in National Courts

2. The Strengthened Powers of the CJEU to Sanction Member States

3. Remedies

-Declaration of an infringement

-Declaration of non-compliance with the judgment      

-Lump sum

-Penalty payment

4. Defences

-Non-acceptable

-Acceptable

5. Implementation

-Time limit for compliance

-Failure to comply with the CJEU’s judgment

-Lump sum

-Penalty payment

-Civil liability

— –Practical application of infringement judgments in internal courts

— –Damages

6. Sources

May I have missed something important?

I finally restructured my presentation as follows:

1. Infringement of EU Law

1.1. What constitutes an infringement of EU law?

-Categories of Infringement

-Transposition of directives

-Failure to notify measures transposing a directive

1.2. What Infringements are Attributable to Member States?

-The concept of Member State as understood by the CJEU

-The concept of Member State in the context of the vertical direct effect of directives

2. Infringement Proceedings in the Commission and the CJEU

2.1. Infringement Proceedings

2.2. The Strengthened Powers of the CJEU to Sanction Member States

3. Remedies

-Declaration of an infringement

-Declaration of non-compliance with the judgment      

-Lump sum

-Penalty payment

4. Defences

-Non-acceptable

-Acceptable

5. Implementation

-Time limit for compliance

-Failure to comply with the CJEU’s judgment

-Lump sum

-Penalty payment

-Civil liability

— –Practical application of infringement judgments in internal courts

— –Damages

6. The Duty to Apply EU Law in National Courts

7. Main Sources

The presentation.



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