‘High Speed Network’ Case

Key Points to Note in This Case

• This case concerns the purpose of Article 260(3) of the Treaty on the Functioning of the European Union (TFEU).

• Key questions include:

◦ Is Article 260(3) designed to penalise failures to notify the transposition of Directives?

◦ Or is it intended to penalise the failure to comply with a judgment?

• There is debate over whether Article 260(3) is an enhancement of Article 258 or an exception to Article 260(2).

• These distinctions have important practical consequences.

Application of Article 260(3)

• Article 260(3) proceedings are initiated for failures to notify the transposition of a Directive on time, not for failure to comply with a judgment.

• Viewing Article 260(3) as an enhanced version of Article 258 justifies the existence of not only lump sums but also liability for non-notification dating back to the initial deadline for applying the Directive.