11957E175

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Article 175

Should the Council or the Commission , in infringement of this Treaty , fail to act , the Member States and the other institutions of the Community may bring an action before the Court of Justice to have the infringement established .

The action shall be admissible only if the institution concerned has first been called upon to act . If , within two months of being so called upon , the institution concerned has not defined its position , the action may be brought within a further period of two months .

Any natural or legal person may , under the conditions laid down in the preceding paragraphs , complain to the Court of Justice that an institution of the Community has failed to address to that person any act other than a recommendation or an opinion .