PP982
Analítico de Periódico
MORI, Paola
Profili problematici dell'esecuzione delle sentenze della Corte di giustizia di condanna degli Stati membri ex. art. 260 TFUE / Paola Mori
Il Diritto dell'Unione Europea, Roma, n.2 (2015), p.427-450
DIREITO COMUNITÁRIO, CONTENCIOSO COMUNITÁRIO, ACÇÃO POR INCUMPRIMENTO, SANÇÃO COMUNITÁRIA, SANÇÃO FINANCEIRA
This paper explores the evolution and recent developments of the application of financial penalties under Article 260 TFEU. As the application of Article 260 TFEU became standard practice, questions related to its application arose. The paper specifically focuses on the role of the Commission at the stage of execution of judgments delivered under Article 260(2) TFEU and levying financial penalty on a Member State concerned. In this context, disputes between the Commission and a Member State may arise. Either relating to the elimination of an infringement (this issue has been addressed by the Court in an appeal in Case C292/11P, Commission v. Portugal), or relating to the definition and adaptation of financial penalties. This is, for instance, the issue in Case C-496/09, Commission v. Italy, concerning the recovery of state aid. In this case the Court adopted a flexible approach towards the conditions for calculating the periodic penalty payment. This approach was designed with the aim to adapt the penalty to progress in the execution of the judgment, ensuring that the penalty “is both appropriate to the circumstances and proportionate to the infringement that has been established”. The execution of this judgment led to a complex dispute between Italy and the Commission on the methodology used to calculate the penalty payments (Cases C-496/09INT, Italy v. Commission; T-268/13, Italy v. Commission; T-122/14, Italy v. Commission).