Infringement Proceedings

Infringement proceedings under EU law are a legal process by which the European Commission ensures that Member States comply with their obligations under EU law. They are governed by Articles 258 to 260 of the Treaty on the Functioning of the European Union (TFEU).

The purpose of infringement proceedings is to correct violations of EU law by Member States.

If a Member State fails to meet its obligations (e.g., by not implementing a directive properly, by applying EU law incorrectly, or by violating Treaty provisions), the Commission can take legal action to enforce compliance.

1. Informal Stage

The Commission may first open an optional dialogue with the Member State to seek clarification or correction before starting formal proceedings.

2. Formal Stage

The Commission sends a formal letter asking the Member State to explain its position within a set time of usually two months. If the Member State's reply is unsatisfactory, the Commission issues a reasoned opinion, clearly explaining the breach and giving a deadline for compliance. If the Member State still does not comply, the Commission can refer the case to the Court of Justice of the European Union (CJEU).

The CJEU may find that the Member State has failed to fulfil its obligations. The Member State must then take necessary measures to comply with the judgment. If the Member State still fails to comply, the Commission can ask the CJEU to impose fines, usually a lump sum and/or daily penalty payments until compliance is achieved.

Infringement proceedings guarantee the uniform application of EU law across the Union and protect the rights of individuals and businesses by ensuring Member States follow EU obligations.

Only the European Commission can formally initiate infringement proceedings. While individuals cannot initiate proceedings, they can file a complaint with the European Commission to prompt investigations.

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