UNIVERSITATEA SPIRU HARET BUCUREȘTI

FACULTATEA DE ȘTIINȚE JURIDICE ȘI ȘTIINȚE ADMINISTRATIVE

FORMA DE ÎNVĂȚĂMÂNT: ZI

THE ROLE OF THE EUROPEAN

COURT OF JUSTICE IN THE
EUROPEAN UNION

PROFESOR COORDONATOR:
Dr. ȘTEFĂNESCU EUGENIA

STUDENT:
BURLUI GINA LARISA

BUCUREȘTI
2023

1
 The role of the European Court of Justice in the
European Union
Court of Justice

A. Actions directly against the Member States or against an institution,

body or agency of the European Union.

The Court rules on actions against States or institutions for failure to fulfil their obligations under
EU law.

1. Actions for failure to fulfil obligations against a Member State

These actions are brought:

 either by the Commission, after a preliminary ruling procedure (Article 258 TFEU): the
State is given the opportunity to make comments and a reasoned opinion (1.3.8);
 or by a Member State against another Member State after referral to the Commission
(Article 259 TFEU).
Our role:

 to confirm that the State concerned has failed to fulfil its obligations, in which case it
shall be obliged to take measures to bring the infringement to an end without delay.
 If, following a follow-up by the Commission, it finds that the Member State concerned
has not complied with its judgment, the Court may impose on it a financial penalty
(payment of a lump sum and/or periodic penalty payments), the amount of which is
determined by the Court on the basis of a Commission proposal (Article 260 TFEU).
2. Actions for annulment or failure to act brought against the EU institutions

Subject: Cases where the complainant requests the annulment of a measure considered contrary
to EU law (actions for annulment: Article 263 TFEU) or infringements of EU law, where an
institution, body, office or agency has failed to act (Article 265 TFEU).
Referral: Actions may be brought by the Member States, the institutions and any natural or legal
person, when it comes to a measure (in particular a regulation, a directive or a decision) directly
affecting them, adopted by an EU institution, body, office or agency.
Role of the Court: The Court declares the act null and void or finds that the obligation to act has
not been fulfilled, in which case the institution at fault is obliged to take the necessary measures
to comply with the judgment of the Court (Article 266 TFEU).

3. Other direct actions

Since the General Court has jurisdiction at first instance to hear all actions referred to in
Articles 263, 265, 268, 270 and 272 TFEU, the Court of Justice is seised exclusively of actions
brought against Commission decisions imposing penalties on firms (Article 261) and of the

2
actions provided for in the Statute of the Court of Justice (as last amended by Regulation (EU,
Euratom) 2019/629 of 17 April 2019]. Article 51 of the Statute of the Court of Justice provides
that, by way of derogation from the rule laid down in Article 256(1) of the Treaty on the
Functioning of the European Union, it is for the Court of Justice to have actions referred to in
Articles 263 and 265 TFEU when they are brought by a Member State for:

 an act or inaction of the European Parliament, the Council or the two institutions acting
jointly, with the exception of:
o Decisions taken by the Council pursuant to the third subparagraph of Article
108(2) of the Treaty on the Functioning of the European Union;
o acts of the Council adopted on the basis of a Council Regulation on trade defence
measures within the meaning of Article 207 of the Treaty on the Functioning of
the European Union;
o acts of the Council by which it exercises implementing powers in accordance with
Article 291 of the Treaty on the Functioning of the European Union;
 an act or inaction by the Commission pursuant to the second paragraph of Article 331 of
the Treaty on the Functioning of the European Union.
The Court shall also have jurisdiction in actions referred to in the same Articles where they are
brought by an institution of the Union against an act or failure to act or failure to act by the
European Parliament or the Council, the two institutions together or the Commission, or are
brought by an institution of the Union against an act or failure to act or failure to act of the
European Central Bank.

B. Indirect actions: plea of illegality raised before a national court (Article

267 TFEU - preliminary rulings)

Normally, if necessary, the national court applies EU law itself. However, where a question
of interpretation of the legislation is raised before a national court, that court may ask the Court
of Justice for a preliminary ruling. In the case of a court of last instance, it is compulsory to refer
the matter to the Court. The national court generally presents questions relating to the
interpretation or validity of a provision of EU law in the form of a judgment in court, in
accordance with national procedural rules. The Registry shall communicate the request to the
parties having locus standi in the action brought at national level, as well as to the Member States
and institutions of the European Union. They may submit written observations to the Court of
Justice within two months.

C. Jurisdiction in the second instance

The Court of Justice shall have jurisdiction in appeals limited to legal grounds brought
against judgments of the General Court. The appeal shall not have suspensory effect.
If the appeal is considered admissible and well founded, the Court of Justice shall set aside the
judgment of the General Court and decide on the case itself, or refer the case back to the General
Court, which shall be bound by the judgment of the Court of Justice on appeal.