The Court of Justice Finally Rules on the Analogical Application of Art. 351 TFEU: End of the Story?

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2022 7(3), 1005-1011 | European Forum Highlight of 11 January 2023 | (Abstract) The possibility to apply by analogy art. 351 TFEU to agreements concluded by the Member States after the deadline set out in the provision yet before the granting of a new competence to the Union has long been discussed by the scholarship. However, until very recently, the Court of Justice had always found a way to avoid the question. In Generalstaatsanwaltschaft München v HF, the Court has adopted a restrictive interpretation of the provision in question, thus ruling out its application by analogy.

Keywords

• article 351 tfeu
• prior agreements
• member states international obligations
• treaty conflict
• conflict clause
• analogical application