The judgment of 23 April 2015 of the Court of Justice in Case C-376/13 Commission v Bulgaria EU:C:2015:266 sheds interesting light on when the Court considers that an infringement of EU law persists even after the Member State in question has amended its legislation to bring it into compliance.
A reminder, in unusual circumstances, that individual cannot compel the Commission to commence infringement proceedings against a Member State pursuant to Article 258 TFEU. That is what the Court of Justice recalls in its Order in Case C-411/14 P Romano Pisciotti v Commission EU:C:2015:48. The case was a little different ….
The Court of Justice’s recent judgment in Case C-421/12 Commission v Belgium EU:C:2014:2064 highlights a couple of interesting general points about infringement actions against Member States: the need for the states to cooperate, for one and what role national courts may have for another.