The Dynamics of Institution Building: State Aids, the European Commission, and the Court of Justice of the European Union

2021 ◽  
Author(s):  
Amanda M. Alves ◽  
Eric Brousseau ◽  
Timothy Yu-Cheong Yeung
Keyword(s):  
European Union ◽  
European Commission ◽  
Institution Building ◽  
The European Union ◽  
Court Of Justice ◽  
State Aids

scholarly journals Support Schemes in Renewable Energy: Commentary to Judgment of the Court (Fifth Chamber) of 13 September 2017, ENEA S.A. v. Prezes Urzędu Regulacji Energetyki

2018 ◽  
Vol 2 (1) ◽  
pp. 171-183
Author(s):  
Nevin Alija
Keyword(s):  
European Union ◽  
Renewable Energy ◽  
European Commission ◽  
Environmentally Friendly ◽  
Preliminary Ruling ◽  
The European Union ◽  
Court Of Justice ◽  
The Supreme Court ◽  
Financial Penalty ◽  
The Eu

In its September 13th 2017 decision,1 the Court of Justice of the European Union (CJEU) decided on a request for a preliminary ruling by the Supreme Court of Poland (Sąd Najwyższy) in proceedings between ENEA S.A. (ENEA) and the president of the Urzędu Regulacji Energetyki (Office for the regulation of energy, URE) on the imposition by the latter of a financial penalty on ENEA for breach of its obligation to supply electricity produced by cogeneration. The judgment of the Court of Justice follows many decisions of the European Commission and judgments of the EU courts assessing the involvement of State resources in support schemes in energy, particularly with the aim of switching towards more environmentally friendly sources. This case reaffirms that support schemes may, in certain circumstances, fall outside the scope of the EU State aid rules.

Part V Judicial Review before the Court of Justice of the European Union, 2 Direct Actions and Judicial Review before the Union Courts

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
European Union ◽  
European Commission ◽  
Judicial Review ◽  
Subject Matter ◽  
State Aid ◽  
Access To Justice ◽  
The European Union ◽  
Court Of Justice ◽  
The Subject

This chapter addresses access to justice in the context of centralized enforcement of EU State aid law and judicial review before the Union courts. The subject matter of litigation is State aid measures adopted in particular by the European Commission as the main supervisory body in this field pursuant to Article 108 TFEU. The term ‘access to justice’ is meant to comprise both the various conditions of standing for bringing direct actions against such measures before the General Court (GC), which essentially comprise actions for annulment (Article 263 TFEU), actions for failure to act (Article 265 TFEU), and actions for damages (Article 268 in combination with Article 340(2) TFEU). The chapter also looks at the nature and the types of acts that are possibly subject to judicial review before the GC.

6. The European Union

2020 ◽  
pp. 126-141
Author(s):  
Neil Parpworth
Keyword(s):  
European Union ◽  
European Commission ◽  
European Community ◽  
European Parliament ◽  
European Council ◽  
The European Union ◽  
Institutional Reforms ◽  
Court Of Justice ◽  
Council Of Ministers ◽  
The Eu

The aims of this chapter are threefold. It first briefly considers the events that have led to the creation of the European Community (EC) and the European Union (EU). Secondly, it introduces the reader to the principal institutions of the Union: the European Council; the Council of Ministers; the European Commission; the European Parliament; and the Court of Justice of the EU and General Court. The nature and functions of each of these bodies is considered. Thirdly, the chapter indicates, where appropriate, the nature of the institutional reforms which have occurred following the ratification of the Lisbon Treaty by the member states.

6. The European Union

2018 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
European Union ◽  
European Commission ◽  
European Parliament ◽  
Lisbon Treaty ◽  
European Council ◽  
The European Union ◽  
Institutional Reforms ◽  
Court Of Justice ◽  
Council Of Ministers ◽  
The Eu

This chapter has three aims. It first briefly considers the origins of the what is now the European Union (EU). Secondly, it discusses the institutions of the Union, the European Council, the Council of Ministers, the European Commission, the European Parliament, and the Court of Justice of the EU and General Court. The nature and functions of these bodies is considered. Thirdly, the chapter indicates the nature of institutional reforms which have occurred following the ratification of the Lisbon Treaty.

Das Karlsruher PSPP-Urteil – ein Corona-Jahr danach

IG ◽  
2021 ◽  
Vol 44 (3) ◽  
pp. 227-234
Author(s):  
Peter-Christian Müller-Graff
Keyword(s):  
European Union ◽  
European Commission ◽  
Legal Order ◽  
Constitutional Court ◽  
The European Union ◽  
Reference Procedure ◽  
Court Of Justice ◽  
The Future ◽  
Federal Constitutional ◽  
The Impact

This article scrutinizes the impact of the widely criticized PSPP-judgement of the Federal Constitutional Court (FCC) on the Union´s legal order. It shows that the European Commission´s opening of an infringement procedure was inevitable due to the FCC´s disregard of the rules of the preliminary reference procedure, denies the necessity of a modification of the Union´s judicial architecture and develops recommendations for the future loyal cooperation between the FCC and the Court of Justice of the European Union (CJEU) in handling such disputes.

4. Direct actions in the Court of Justice of the European Union: Articles 258–260, 263, 265, 277, and 340 TFEU

2020 ◽  
pp. 65-89
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Member State ◽  
European Commission ◽  
Judicial Review ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
The Eu

This chapter discusses articles in the Treaty on the Functioning of the European Union (TFEU) that provide for actions that are brought directly before the Court. Under Articles 258 and 259 TFEU (ex Articles 226 and 227 EC), respectively, the European Commission and Member States may bring enforcement proceedings against a Member State in breach of Treaty obligations. Article 260 TFEU (ex Article 228 EC) requires compliance with the Court’s judgment. Article 263 TFEU (ex Article 230 EC) concerns judicial review of EU acts. The outcome of a successful action is annulment. Article 265 TFEU (ex Article 232 EC) provides for actions against the EU institutions for failure to act.

11. Free movement of goods II: non-tariff barriers

2020 ◽  
pp. 287-318
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Commission ◽  
Case Law ◽  
European Court Of Justice ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Free Movement Of Goods

This chapter examines European Union (EU) law concerning non-tariff barriers to free movement of goods. It describes member states’ attempts to influence imports and the way the European Commission and the European Court of Justice (CoJ) handled these issues. This chapter explains the provisions of the relevant legislation for non-tariff barriers, which include Articles 34, 36, and 35 of the Treaty on the Functioning of the European Union (TFEU). It also analyses example cases including ‘Dassonville’, ‘Cassis de Dijon’, and post ‘Keck’ case law. It concludes with a consideration of the latest trend of cases concerning product use and residual rules.

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