Long infringement procedure

Adminstrative phase I

1. Informal phase

Investigations, dialogue

Commission has no obligation, but discretion to act

-> Star Fruit

2. Formal phase

Letter of formal notice by the accuser

Reasoned opinion by the defendent

Long infringement procedure

Judicial phase I

1. Commission bringe the matter before the CJEU

2. CJEU decides whether the MS has failed to comply

Long infringement procedure

Adminsitrative phase II

1. Commission: MS failed to comply with the judgement

2. Commission specifies a lum sum and/or a penalty payment

Condition to procede: MS submits its observations

Long infringement procedure

Judicial phase II

1. CJEU rules on non-compliance with previous judgement

2. CJEU may impose lump sum and/or penalty payment

Both may not exceed the Commission's proposition

Shortened infringement procedure

Administative phase

1. Letter of formal notice by the accuser

2. Reasoned opinion by the defendant

Subject: Failure to transpose a Directive

Shortened infringement procedure

Judicial phase

1. Commission brings the matter before the CJEU

Specifies a lump sum and/or a penalty payment

2. CJEU rules on the failure

Possibly imposes a lump sum and/or a penalty payment