A Step Forward In Clarifying The Accelerated Infringement Procedure ...

Op-Ed: “Commission v Romania and Commission v Ireland: a step forward in clarifying the accelerated infringement procedure under Article 260(3) TFEU” by Chiara Amalfitano

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1. One year after its first judgment (of 8 July 2019) implementing the new expedited infringement procedure referred to in Article 260(3) TFEU (Commission v Belgium, C-543/17), the Court of Justice, once again in Grand Chamber formation, took the opportunity to develop its case law on the application of this provision. As we all know, that Article – introduced by the Lisbon Treaty – allows the Commission to ask for a sanction (lump sum or penalty payment) to be imposed on a defaulting Member State when an action for failure to notify measures transposing a legislative directive is first lodged with the Court of Justice. Its purpose is to increase the deterrent effect of the infringement procedure, giving a stronger incentive to Member St

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