Changing Dynamics and Recent Developments of Interstate Legal Disputes Before the CJEU
Changing Dynamics and Recent Developments of Interstate Legal Disputes Before the CJEU

Summary/Abstract: EU Member States are entitled to bring an action before the CJEU under Article 259 TFEU against each other for failure to comply with EU law, however this procedure was seldom used in the past due to the inevitably confrontational nature of such a lawsuit and hence the built-in auxiliary role of the European Commission which may take the case over from the Member States and then redirect it to the ‘typical’ procedural path of infringements. Although interstate legal disputes at the EU level remain an exceptional case, their number has increased slightly over the past decade, and we have also witnessed a shift in their subject matter, from high-stakes political cases to more policy-based disputes. The latest developments in the jurisprudence in this regard also recognise the use of tools that facilitate the implementation of EU law, such as ordering interim measures and imposing a daily penalty payment in the context of Article 259 TFEU litigation (as illustrated by the Turów case).

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