Skutki prawne procedur notyfikacyjnych z perspektywy prawa Unii Europejskiej
Legal Consequences of the Notifi cation Procedures from the Perspective of European Union Law

Summary/Abstract: The article provides an analysis of the case law of the Court of Justice of the EU in matters of notification. The analysis is primarily aimed at identifi cation of the normative sources from which theCourt derives its conclusions concerning the legal consequences of a breach of notification rules bythe Member States and encompasses three notifi cation procedures relating to norms and technicalprovisions, state aid and matters falling within the competence of the European Central Bank. Apartfrom general remarks on the evolution of case law in this area, the author examines: the nature of legalconsequences that are associated with a breach of the notifi cation rules; the system context of adjudication(findings concerning the provisions of law directly interpreted by the Court or other EUlegal acts taken into account in the process of inference); the scope of legal consequences (includingthe specification of the rules to violation of which these consequences are attributed) as well as thecriteria for their attribution. These findings help to assess the position on the legal consequences ofa breach of notifi cation duty by a Member State, which is presented in official EU documents. Theauthor verifi es the tendency (apparent from the Guide to consultation of the European Central Bankby national authorities) to attribute uniform legal consequences of violation of the rules defining variousnotifi cation procedures.

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