11. Enforcement actions

Abstract

This chapter examines the enforcement rules for European Union (EU) law found in Articles 258, 259 and 114(4) of the Treaty on the functioning of the European Union (TFEU). It outlines the enforcement mechanism by focusing on the various stages of Article 258 TFEU and explains the discretionary powers of the Commission to initiate the proceedings. The chapter also provides the interpretation of the terms ‘reasoned opinion’ and ‘formal notice’ given by the Court of Justice (CJ). It describes the consequences of the failure to comply with the ruling from the CJ and the conditions under which financial penalties may be imposed upon Member States according to Article 260.