Op-Ed: “Commission v Spain – cumulation of heavy sanctions in the ‘one-stage infringement procedure’” by Albrecht Wendenburg
I. The Court of Justice has shaped the one-stage infringement procedure pursuant to Article 260(3) TFEU by handing down four judgments so far (Commission v Belgium, C-543/17, Commission v Romania, C-549/18, Commission v Ireland, C-550/18 and Commission v Slovenia, C-628/18). This laid the cornerstone for a new type of procedure that significantly increases the pressure on Member States to transpose EU directives on time.
The details have been discussed elsewhere. Just to recapitulate, voilà the three differences to the established ‘two-stage infringement procedure’ pursuant to Article 260(1), (2) TFEU:The ‘one-step infringement procedure’ does not deal with the question of the correct transposition of directives. Rather, it