The relationship between the Commission acting as guardian of the EU Treaties and complainants: Selected topics

This briefing note addresses three topics concerning the relationship between the Commission acting as Guardian of the EU Treaties and complainants. First, it investigates the link between non-contractual liability and the Commission's discretion under Article 258 TFEU. Secondly, it examines Article 258 TFEU and the introduction of EU Pilot (a confidential on-line database for communication between Commission services and Member State authorities concerning potential infringements). Finally, it discusses limitations of the procedure under Article 258 TFEU and the capability of mutual evaluation as a supplementary enforcement tool.