ABSTRACT
A. To ensure effectiveness of Article 258 TFEU, the ECJ has construed the notion of failure broadly. Such a failure may result from an action, an omission or a failure to act by a Member State.
B. The defendant in the proceedings is a Member State and it is a national government
private or semi-private body which it controls as well as actions of private individuals if it was in a position to prevent or terminate the conduct which breached EU law.
