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Infringements in application of community law: some problems and (im)possible solutions

Komárek, Jan (2007) Infringements in application of community law: some problems and (im)possible solutions. Review of European Administrative Law . pp. 87-98. ISSN 1874-7981

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Abstract

On the basis of Case C-508/03 Commission v. United Kingdom [2006] ECR I-3969 this article shows some problems brought by an infringement procedure, concerning a particular case of misapplication of EC law by Member State’s public authorities. Firstly, some individuals can benefit from the infringement. How is their legal position affected by the ECJ’s judgment? Secondly, is it appropriate for the Commission to bring the action to the ECJ before the case has been finally settled on the national level? Thirdly, are these individuals properly represented before the Court?

Item Type: Article
Official URL: http://www.realaw.eu/
Additional Information: © 2007 Europa Law Publishing
Library of Congress subject classification: K Law > K Law (General)
J Political Science > JN Political institutions (Europe)
Sets: Departments > European Institute
Departments > Law
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 19 Oct 2010 12:48
URL: http://eprints.lse.ac.uk/29316/

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