6533b86dfe1ef96bd12c9e3b

RESEARCH PRODUCT

Competence Aspects of Responsible State Institutions

subject

description

One of the specific features of the law on IGOs relates to the fact that competence of state institutions of EU Member States for prosecution of the infringements of IGOs is envisaged within their jurisdictions. Therefore, in the case of IGOs, their infringements will be prosecuted both by right-holders of IGOs and state institutions of EU Member States. Considering these both prosecution possibilities, right-holders of IGOs have a choice either to prosecute infringements of IGOs themselves, i.e. bringing a case to a court if out-of-court settlement procedures were not successful or were not even chosen, or to apply to a state institution having competence to prosecute infringements of IGOs. It should be noted that irrespective of any objective (such as lack of any remedies available for this state institution) or subjective (reluctance to prosecute such infringements) reasons, state institutions shall be liable to prosecute the infringements that already were subject to state liability evaluation in the CJEU jurisprudence in Parmesan.