Volume 44 (2007) / Issue 3
This article looks at the way that the Commission and the Court have dealt with the issue of financial penalties under article 228(2) EC. It examines the communications issued by the Commission and the judgments of the Court and argues that, between them, the two institutions have made this area unnecessarily complex and are creating problems for the future. In particular, there are important inconsistencies regarding duration, partly – but not entirely – related to the distinction between the actual duration of the breach, and the dates of various procedural steps taken A simplified alternative is proposed.
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