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Publishers Abstract:
This article explores and develops the profound implications of the two judgments delivered in Grand Chamber, and concludes that their combined impact is an invigoration of the Commission's role as guardian of the acquis communautaire. The consequences of these cases for public enforcement of EC law may turn out to be far-reaching as Van Gend en Loos and Francovich were for private enforcement. Following the judgments against Ireland and France, it appears that the Commission now possesses a formidable set of tools under Articles 226 and 228 EC to tackle infringements of Community law effectively. The potentially broad scope of GAP cases alleviates the need for bringing successive Article 226 EC cases in response to isolated incidents, and allows the Commission to depart from what in German is known as Kurieren am Symptom, and focus instead on the underlying practices which underpin these cases.
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