ABSTRACT
This chapter together with Chapter 4 will focus on the legal principles underpinning the particular provisions enabling the European Commission to take legal action against those Member States failing to implement EC environmental measures correctly. Collectively, those provisions are Arts 226 and 228(2) EC. As explained in the previous chapter, Commission infringement actions concerning breaches of environmental norms based on the EC Treaty may be divided into two types: namely, first and second round actions. Article 226 EC provides the legal basis for the Commission to take action against particular violations when they first arise (first round action), ultimately bringing the defendant Member State before the European Court of Justice (ECJ) for a definitive ruling as to whether or not a breach of EC law by the defendant has transpired. Article 228(2) EC (second round action) enables the Commission to take subsequent legal action against the same Member State where the latter fails to respect a judgment against it by the ECJ, laid down in the first round of legal proceedings under Art 226 EC.
