The penalty payment and lump sum in the appeal for non-execution of sentence before the European Court of Justice

Abstract

This paper focuses on the evolution, nature and enforcement of penalty payment and lump sum as financial measures foreseen in the Treaties of the European Union to ensure the effective implementation of EU Law by the Member States. To understand the context in which these measures are developed, this paper firstly delves into the infringement procedure established in the article 260.2 of the Treaty on the Functioning of the European Union. For those cases where Member States do not run the declaratory judgment of non-compliance, the European Commission, after a pre-litigation phase, requests the European Court of Justice to impose a series of financial measures to induce the defaulting Member State to comply with the provisions of the previous sentence.