European Commission, Institutional affairs
On Wednesday 24 January 2013, the European Commission will adopt its monthly infringements package. These decisions cover all Member States and most of EU policies and seek to enforce EU law across Europe in the interest of both citizens and businesses.
Article 258 of the Treaty on the Functioning of the European Union (TFEU) gives the Commission the power to take legal action against a Member State that is not respecting its obligations under EU law.
There are three successive stages: Letter of formal notice, reasoned opinion and referral to the Court of Justice.
If, despite the ruling, a Member State still fails to act, the Commission may open a further infringement case under Article 260 of the TFEU. After only one written warning, Commission may refer a Member State back to the Court and it can propose that the Court imposes financial penalties based on the duration and severity on the infringement and the size of the Member State.
A comprehensive Memo on all referrals and reasoned opinions, specific IPs on each referral and a Memo on the procedure will be available on the day on Rapid: