Tagged: Cilfit doctrine

C-416/17 Commission v France : failure of a Member State to fulfil its obligations under Article 267(3) TFEU

By Vincent Delhomme and Lucie Larripa

In the landmark judgement Commission v France rendered on the 8th of October, the Court of Justice condemned for the first time a Member State for a breach of Article 267(3) TFEU in the context of an infringement action, after the French administrative supreme court (Conseil d’Etat) failed to make a necessary preliminary reference. This decision is undoubtedly a crucial step towards a more complete system of remedies in the EU legal order, but may, upon closer examination, lead to detrimental consequences for judicial dialogue. Continue reading