The obligation of the institutions of the Union to comply with judgments finding the illegality of their own acts
L’obbligo delle istituzioni dell’Unione di conformarsi alle pronunce di accertamento dell’illegittimità di propri atti
L’obligation des institutions de l’Union de se conformer aux décisions constatant l’illégalité de leurs propres actes
The obligation of the institution whose act has been annulled «to take the necessary measures to comply with the judgment of the Court of Justice of the European Union» is expressly laid down in Article 266 TFEU. The article focuses on the discretion enjoyed, in principle, by the institution concerned as to the choice of the necessary measures, while highlighting its limits. Particular attention is paid to the highly topical question of the nature and quantum of the interests that the Commission is required to pay to an undertaking following to the annulment or reduction of a fine under EU competition law. Finally, the article deals with the existence of an obligation on the part of the institutions to comply with a finding of illegality of their own acts which does not derive from a successful annulment action.
