Jurisdiction(s):
European Union

Consequences of EU law infringements: Articles 258 and 260 TFEU, Commission enforcement, pecuniary penalties, direct effect, state liability and effective remedies in national courts

Published by a LexisNexis EU Law expert

Practice notes

$imgtext$

Any breach of EU law by a Member State undermines the effectiveness of that law. In addition, the non-compliant State may face consequences at EU level, being held to account by the European Commission and the Court of Justice. Individuals may likewise bring claims in the domestic courts against the Member State where an infringement of EU law limits their rights...

Infringements of EU law can arise in several different ways:

complete failure to give effect to an EU measure, eg not transposing a Directive by the deadline set within the Directive (see Francovich v Italian State)
incorrect transposition of a Directive by a Member State (see R v Secretary of State for Transport, ex parte Factortame)
failure by a Member State to adjust existing legislation so it complies with the requirements of an EU measure (see Commission v Germany (Beer Purity) and Factortame III & Brasserie du Pecheur)
an administrative shortcoming by a Member State in not following a procedure required by an EU measure, eg failing to investigate a breach of EU competition rules...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Adam Cygan

University of Leicester

Professor Adam Cygan is Professor of European Union Law at the University of Leicester. His research focuses on institutional and constitutional governance within the Internal Market with a particular emphasis upon the legislative process. Professor Cygan has published extensively on the role of national parliaments in EU decision-making and his research challenges core assumptions within EU integration concerning the constitutional principles of accountability and democracy. In particular, his research has examined the contribution made by parliamentary committees to improving accountability within EU governance. Professor Cygan also has also published extensively on governance issues surrounding the operation of the Internal Market including access to healthcare and free movement of persons. Professor Cygan has significant experience of delivering elite-level consultancy and training to a variety of target groups including members of the judiciary, civil servants, policy makers and legislators. He has worked on a...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...