Press Release: Judgment in Case C-292/11 P. Commission v Portugal

Author (Corporate)
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Series Details No. 1, 2014 (15.1.14)
Publication Date 15/01/2014
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In the context of recovery of a penalty payment set by the Court of Justice, the Commission cannot rule on the conformity with EU law of national legislation which the Court of Justice has not examined beforehand.

Such a discretion would encroach on the exclusive jurisdiction reserved to the Court of Justice.

Source Link Link to Main Source http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-01/cp140001en.pdf
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