A Practical Guide to the Infringement Procedure: How to respond to Commission investigations and avoid Court Cases

The infringement procedure – Articles 258 to 260 of the Treaty on the Functioning of the European Union – is the main enforcement mechanism enacted by the Commission against a Member State whenever it is of the opinion that the Member State is in breach of its obligations under EU law.

During the seminar you will learn the practical insights of the procedure and acquire the professional skills required to give persuasive answers to the inquiries of the Commission, to voluntary remedy the alleged infringement and to avoid a potential Court case.

Who will benefit most?

Public sector employees, in charge of or involved in the transposition of EU law and state officials and legal counsellors answering / preparing the defences of the State in all stages of the infringement procedure, irrespective of the level of government or origin of the case (i.e. national, regional and local level).

Private practicing lawyers, consultants and other interested actors from the private sector, who wish to update their knowledge on the procedure and obtain a comprehensive overview

Make of your national administration a winner in EU infringement procedures: respond persuasively to Commission allegations, avoid the risk of a Court case, of a condemnatory ruling and of potential financial sanctions for you national administration

• This seminar will provide you with a practical understanding of the infringement procedure, analysing in detail the role of the Commission and the position of the Member States.
• This analysis will allow you to understand the capacities and prerogatives of both actors, determining the different respective administrative and procedural strategies, which the two can resort to throughout the procedure.
• If you are a national official, the seminar will equip you with the right methodology to improve the capacity and quality of your national administration responses to Commission investigations on alleged infringements.
• In the potential scenario of the initiation of the jurisdictional phase of the procedure, the seminar will also be of help to you to select the right defence strategy to improve your State’s position during the litigation.
• In case of a final condemnatory ruling after the procedure, this seminar will provide you with tips on how to comply with the judicial decision as swiftly as possible and hence avoid a new procedure, this time under Article 260 TFEU