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2014-1 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2014)

handle is hein.intyb/rcbjcofi0354 and id is 1 raw text is: VRw Reports of Cases Case C-292/11 P European Commission V Portuguese Republic (Appeal - Compliance with a judgment of the Court of Justice establishing a failure to fulfil obligations - Periodic penalty payment - Claim for payment - Repeal of the national legislation which gave rise to the failure to fulfil obligations - Assessment by the Commission of the measures adopted by the Member State to comply with the judgment of the Court of Justice - Limits - Division of jurisdiction between the Court of Justice and the General Court) Summary - Judgment of the Court (Grand Chamber), 15 January 2014 1. Actions for failure to fulfil obligations - Judgment of the Court establishing the failure of a Member State to fulfil its obligations - Breach of the obligation to comply with the judgment - Special judicial procedure for the enforcement of judgments - Dealing with failure to fil obligations considered by Court as grounded on the basis of Article 258 TFEU (Art. 258 TFEU and 260(2) TFEU) 2. Actions for failure to fil obligations - Judgment of the Court of Justice establishing a failure to fulfil the obligation to comply with a judgment and imposing a penalty payment - Commission's assessment of the measures adopted by the Member State to comply with the judgment of the Court of Justice - Limits (Art. 258 TFEU to 260 TFEU) 3. Judicial proceedings - Division of competences between the Court of Justice and the General Court - Action for annulment brought by a Member State against a Commission decision fixing the amount of the penalty payment due in compliance with a judgment of the Court of Justice - General Court's jurisdiction to review the Commission's assessment of the national legislation at issue - Limits (Art. 256(1), first para., TFEU and 260(2) TFEU) 4. Judicial proceedings -Statement of reasons for judgments -Scope (Statute of the Court of Justice, Art. 36) 1. Only a failure of a Member State to fulfil its obligations under the TFEU which the Court has held, on the basis of Article 258 TFEU, to be well founded may be dealt with under the procedure provided for in Article 260 TFEU. ECLJ:EU:C:2014:31 1

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