The CJEU’s Infringement Procedure and Its Enforcement Mechanism

Orbán, Endre and Gombos, Katalin (2025) The CJEU’s Infringement Procedure and Its Enforcement Mechanism. In: Hungarian Yearbook of International Law and European Law 2025. Nomos Verlagsgesellschaft mbH & Co. KG, Baden-Baden, pp. 231-250. ISBN 9783748955481

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Abstract

The enforcement of EU law takes place at two levels: at the level of the Union in a centralized manner, through direct proceedings before the CJEU, and at the level of the Member States – in a decentralized manner, through the national courts. In the first case, infringement proceedings initiated by the Commission play a central role, whereby the CJEU’s responsibility is essentially judicial review: it examines whether a piece of national legislation complies with the requirements of EU law. Therefore, the present study focuses on the infringement procedure, describing its prominent types, features, and rules. In addition, it presents the relevant jurisprudence of the CJEU, with particular reference to the financial sanctions that the CJEU may apply together with a few novelties concerning Hungary.

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