Why Procedures Matter and Sanctions Much Less: ‘Second-Round’ Infringement Proceedings in Environmental Matters and the CJEU’s Ruling European Commission v Bulgaria

Abstract

This case analysis discusses the CJEU’s judgment in European Commission v Bulgaria . This case concerned an action brought by the Commission under art.260(2) TFEU . The Commission launched this infringement procedure claiming that Bulgaria did not comply with an earlier judgment on air quality, limit values exceedances, and the duty to draft air quality plans. Eventually, the CJEU declared the action inadmissible. This case analysis considers the arguments and discussion presented in the Advocate General’s Opinion and in the CJEU’s ruling with respect to three core points, namely: the importance of pre-litigation steps in proceedings under art.260(2) TFEU , the way in which scientific complexity is dealt with in infringement proceedings, and the availability and desirability of financial sanctions to repair environmental law breaches. The analysis is concluded by a general discussion on the contribution of this judgment to EU air quality policy and its enforcement at the national level.