Санкции за неизпълнение на решение на Съда на ЕС, установяващо неизпълнение на задължения от държава – членка. (Специалното съдебно изпълнително...
Financial Penalties imposed on Member States for failure to comply with and fulfil Obligations arising from EU Court Judgment (The procedure laid ...

Summary/Abstract: INTERNATIONAL LAW // Financial Penalties imposed on Member States for failure to comply with and fulfil Obligations arising from EU Court Judgment (The procedure laid down in art. 260 (2) TFEU) // The article is dedicated to one of the original features of the EU judicial system – the possibility of imposing financial penalties upon Member States for their failure to comply with and fulfill obligations which arise from Court judgments. This provision of sanctioning the Member States’ "double failure to fulfill obligations" was introduced into EU law with the Maastricht Treaty and was further speeded up with the Treaty of Lisbon. Now the Court can impose penalties when- ever the passing of initial judgment has run into Member States’ failure to comply with it, and in addition, notify the Commission about national measures transposing a directive. The article gives a detailed description of the different stages of the procedure and the different types and objectives of financial sanctions imposed on Member States, such as penalty payment and lump sum. It makes an analysis of the case law ranging from the passing of the first judgment which penalized a Member State (C-387/97 Commission vs Greece) to the most recent ones. The article is of interest and added value to both the academic world and the national jurisdiction and administration, as they are bound to be actively involved in the implementation of EU law.

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