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This highly practical course will provide you with a sophisticated understanding of the infringement procedure (Articles 258 to 260 of the Treaty on the Functioning of the European Union) – the main enforcement mechanism enacted by the Commission against a Member State in case of a presumed breach of its obligations under EU law.
By participating in this course, you will learn the practical insights of the procedure. You will also acquire the professional skills required to give persuasive answers to the inquiries of the Commission, to voluntarily remedy the alleged infringement and avoid a potential court case against your state and, ultimately, a condemnatory ruling and potential financial sanction.
What will you learn
This course will provide you with a practical understanding of the infringement procedure, analysing in detail the role of the Commission and the position of the Member States.
This will allow you to understand the capacities and prerogatives of both actors, determining the different respective administrative and procedural strategies, which they can resort to throughout the procedure.
If you are a national official, the course will equip you with the right methodology to improve the capacity and quality of your national administration responses to Commission investigations on alleged infringements.
In the potential scenario of the initiation of the jurisdictional phase of the procedure, the course will also help you to select the right defence strategy to improve your state’s position during the litigation.
In case of a final condemnatory ruling after the procedure, this course will show you tips on how to comply with the judicial decision as swiftly as possible and hence avoid a new procedure, under Article 260 TFEU.
The course will be conducted by legal experts of proven experience on infringement matters who will discuss key topics, illustrated with examples and cases from litigation practice.
All sessions will be followed by periods of Q & A for the exchange of ideas, and discussions where participants will have the opportunity to share professional experiences.
The various group exercises, workshops and discussions featured in the course will promote a high level of interactivity and provide enhanced learning opportunities.
Sharpening the Teeth of the Infringement Procedure, by Juan Diego Ramírez-Cárdenas Díaz
Making European Policies Work – Evolving Challenges and New Approaches in EU Law Enforcement, by Godefroy de Moncuit de Boiscuillé, Juan Diego Ramírez-Cárdenas Díaz and Petra Jeney
Prior to the course, you will be given access to the course materials on our digital learning platform. This includes a short questionnaire, which will help us identify any specific questions you may have so we can consider as many of them as possible during the course.
Preparatory reading and materials will be placed on the platform to facilitate joining the course. All course materials will be made available for the participants.
After the event, additional materials and references to relevant literature, documents and websites will be available on our learning platform.
Public sector employees, in charge of or involved in the transposition of EU law and state officials and legal counsellors answering / preparing the defences of the state in all stages of the infringement procedure, irrespective of the level of government or origin of the case (i.e. national, regional and local level).
State agents acting before the CJEU and pleading on behalf of their states in infringement proceedings.
Private practicing lawyers, consultants and other interested actors from the private sector, who wish to update their knowledge on the infringement procedure and obtain a comprehensive overview.
This course will take place as a hybrid event, which gives participants the possibility to participate either face-to-face or online via a live stream. In the registration form section Additional information | Order notes please add whether you will participate in-person or online.
Face to Face venue
European Centre for Judges and Lawyers – EIPA Luxembourg
8 rue Nicolas Adames
Ms Stéphanie Gemnig Comodi
Tel: +352 426 230 301
EIPA member fee
EIPA offers a discount to all civil servants working for one of EIPA’s supporting countries, and civil servants working for an EU institution, body or agency.
Who are the supporting countries?
Civil servants coming from the following EIPA supporting countries are entitled to get the reduced fee: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Spain, Sweden.
For all other participants, the regular fee applies
Early bird discount
The early bird discount is not cumulative with other discounts or promo codes, except for the EIPA member fee.
Confirmation of registration will be forwarded to participants on receipt of the completed online registration form.
Prior payment is a condition for participation.
For administrative reasons you will be charged €150 for cancellations received within 15 days before the activity begins. There is no charge for qualified substitute participants. EIPA reserves the right to cancel the activity up to 2 weeks before the starting date. In that case, registration fees received will be fully reimbursed. EIPA accepts no responsibility for any costs incurred (travel, accommodation, etc.).
|09.30||Welcome and introduction to the course
Juan Diego Ramírez-Cárdenas Díaz, Senior Lecturer, European Centre for Judges and Lawyers, EIPA Luxembourg
|09.45||The infringement procedure – a commented introduction
Minas Konstantinidis, Member of the Legal Service, European Commission, Brussels (BE)
|10.30||Q & A Session|
|11.15||Dealing with the Commission during the pre-litigation phase (1)
Letter of formal notice:
|11.45||Q & A Session|
|12.00||Dealing with the Commission during the pre-litigation phase (2)
|12.30||Plenary discussion: Practical questions that may be raised during the pre-litigation phase
Minas Konstantinidis & Participants
|14.00||The litigation phase: practical guide on the procedure before the Court
Juan Diego Ramírez-Cárdenas Díaz & Pierre Cottin, Agent before the Court of Justice of the European Union and before the EFTA Court, Federal Public Service Foreign Affairs (FPS), Directorate General for Legal Affairs (DGJ), Brussels (BE) (tbc)
|15.00||Q & A Session|
|15.45||Practical workshop on procedural tips and strategies to improve the Member State’s position before the Court
Juan Diego Ramírez-Cárdenas Díaz, Pierre Cottin & Participants
|16.30||End of first day|
|09.30||Workshop: Possible defences of the Member States
In an interactive way, participants will have the possibility to analyse different potential defences Member States may resort to and to compare with the Court of Justice’s reaction to those defences.
Expert to be confirmed
|11.00||The decision of the Court and its effects
Expert to be confirmed & Participants
|11.45||Plenary discussion: Complying with the Court’s judgement
Expert to be confirmed & Participants
|13.30||Sanctions for failure to comply with the judgment
|14.15||Q & A Session|
|15.00||Practical exercise: the infringement procedure in 10 case studies
In this session, participants will have the opportunity to work with different case studies that deal with all phases of the procedure presented during the online workshop and to analyse the Court of Justice’s decision in each case.
Juan Diego Ramírez-Cárdenas Díaz
|16.00||Conclusions and evaluation|
|16.30||End of the online course|
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