Процесуални предпоставки за допустимост на иска за установяване на неизпълнение на задълженията на държава – членка на ЕС
Action for Infringement of EU Law by a Member State: Conditions of Admissibility

Summary/Abstract: EUROPEAN LAW // The admissibility of the action for infringement of EU law by a Member State pursuant to Articles 258 to 260 TFEU depends on the proper conduct of the pre-litigation stage of the proceedings. If the latter had been flawed by violations of substantial procedural requirements, the action brought before the Court of Justice of the EU may be inadmissible. A number of substantial procedural requirements are mandatory for the proper conduct of the pre-litigation stage of an Article 258 TFEU proceeding. The omission of one of the obligatory steps of the pre-litigation procedure – the letter of formal notice or the reasoned opinion; the breach of the obligation to motivate the aforementioned acts; the failure to respect the requirement of consistency between the subject matter of the letter of formal notice, the reasoned opinion and the court action; as well as the failure to give the Member State a reasonable period of time to put an end to the infringement or to prepare its defence, amount all to a violation of the Member State's rights of defence. The resulting action brought before the Court of Justice of the EU may therefore, on these grounds, be declared inadmissible. In addition, the admissibility of the action for infringement may also be affected by a number of circumstances that could emerge in the course of the pre-litigation stage. For instance, the Member State or the EU may repeal or modify the applicable national or EU law respectively. The alleged infringement may also constitute a series of continuing acts or failures to act. It is therefore necessary to examine the question of whether and to what extent the circumstances that have emerged in the course of the pre-litigation stage of the proceedings may be included in the subject matter of the action brought before the Court of Justice of the EU.

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