Environmental aspects in the case-law of the Court of Justice of the European Union under Article 260(2) TFEU

This article explores how the European Commission ensures compliance with environmental obligations by Member States through infringement procedures, particularly under Article 260(2) TFEU. The analysis begins by outlining the legal framework governing non-compliance and financial penalties, focusing on the role of the Court of Justice of the European Union in sanctioning persistent breaches of environmental law. A review of selected judgments illustrates how the Court of Justice has applied financial penalties in cases involving waste management, air quality, and water protection. Special attention is given to the proportionality of fines and the reasoning behind the Commission's decision to initiate proceedings. The article also presents recent developments in 2024, including formal notices and actions brought against Greece and Portugal, drawing on data published by the Commission. These examples reveal that the timing and intensity of enforcement are often influenced by the complexity of the environmental issues at stake. The study concludes that while the Commission actively monitors and enforces environmental law, it adopts a flexible approach in certain cases, especially where compliance involves long-term infrastructural or administrative reform.