The Court of Justice finally rules on the analogical application of Art. 351 TFEU: end of the story?

Pantaleo, Luca

2022-01-01

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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.