About this online course
The infringement procedure – Articles 258 to 260 of the Treaty on the Functioning of the European Union – is the main enforcement mechanism enacted by the Commission against a Member State whenever it is of the opinion that the Member State is in breach of its obligations under EU law. During the online course you will learn the practical insights of the procedure and acquire the professional skills required to give persuasive answers to the inquiries of the Commission, to voluntary remedy the alleged infringement and to avoid a potential Court case.
Who will benefit most?
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).
Private practicing lawyers, consultants and other interested actors from the private sector, who wish to update their knowledge on the procedure and obtain a comprehensive overview
Make out of your national administration a winner in EU infringement procedures: respond persuasively to Commission allegations, avoid the risk of a Court case, of a condemnatory ruling and of potential financial sanctions for you national administration
What you will learn in this online course
- This online 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 analysis will allow you to understand the capacities and prerogatives of both actors, determining the different respective administrative and procedural strategies, which the two can resort to throughout the procedure.
- If you are a national official, the online 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 online course will also be of help to 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 online course will provide you with tips on how to comply with the judicial decision as swiftly as possible and hence avoid a new procedure, this time under Article 260 TFEU
For this online course we make use of Zoom
Ms Juliette Boussuge-Mollicone
Tel: +352 426 230 304
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.
Early bird discount
For this course, EIPA offers an early bird discount of 50 euro. The early bird deadline is 17 August 2020.
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, United Kingdom.
For all other participants, the regular fee applies.
Prior payment is a condition for participation.
For administrative reasons you will be charged € 50 for cancellations received within 7 days before the activity begins. There is no charge for qualified substitute participants.
EIPA reserves the right to cancel the activity up to 1 week before the starting date. In that case, registration fees received will be fully reimbursed
I have a question
|09.30||Welcome and introduction to the online 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|
|11.00||Dealing with the Commission during the pre-litigation phase (1)
Letter of formal notice:
|11.30||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
1. Is there a difference between cases concerning formal implementation on the one hand and a complaint based on content of the national measure?
2. In which instances can a Member State allege that the time period prescribed by Commission’s reasoned opinion to present allegations is insufficient?
3. What is the value of the time period marked in the reasoned opinion for the determination of the infringement?
4. What is the legal value of the measures that reasoned opinion may propose the Member States to adopt to remedy the infringement?
5. Can the Member State still at this stage avoid a court case and how?
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)
|15.00||Q & A Session|
|15.30||Practical workshop on procedural tips and strategies to improve the Member State’s position before the Court
1. What happens in the court proceedings (what documents to file, how is the oral presentation prepared)? Who represents the State?
2. What can a Member State do to improve its situation during the litigation?
3. What options does the Member State have before the Court, including whether the Member State still can remedy the “damage” done with a view to make the Commission withdraw the case?
4. Who pays what court costs?
Juan Diego Ramírez-Cárdenas Díaz, Pierre Cottin & Participants
|16.00||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
|10.30||The decision of the Court and its effects
Expert to be confirmed & Participants
|11.00||Plenary discussion: Complying with the Court’s judgement
Expert to be confirmed & Participants
|12.30||Sanctions for failure to comply with the judgment
|13.30||Q & A Session|
|14.00||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
|15.15||Conclusions and evaluation|
|15.30||End of the online workshop|