Infringements in application of community law: some problems and (im)possible solutions

On the basis of Case C-508/03 Commission v. United Kingdom [2006] ECR I-3969 this article shows some problems brought by an infringement procedure, concerning a particular case of misapplication of EC law by Member State’s public authorities. Firstly, some individuals can benefit from the infringement. How is their legal position affected by the ECJ’s judgment? Secondly, is it appropriate for the Commission to bring the action to the ECJ before the case has been finally settled on the national level? Thirdly, are these individuals properly represented before the Court?