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Document 12016E259

    Consolidated version of the Treaty on the Functioning of the European Union
    PART SIX - INSTITUTIONAL AND FINANCIAL PROVISIONS
    TITLE I - INSTITUTIONAL PROVISIONS
    CHAPTER 1 - THE INSTITUTIONS
    SECTION 5 - THE COURT OF JUSTICE OF THE EUROPEAN UNION
    Article 259 (ex Article 227 TEC)

    OJ C 202, 7.6.2016, p. 161–161 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/treaty/tfeu_2016/art_259/oj

    7.6.2016   

    EN

    Official Journal of the European Union

    C 202/161

    Article 259

    (ex Article 227 TEC)

    A Member State which considers that another Member State has failed to fulfil an obligation under the Treaties may bring the matter before the Court of Justice of the European Union.

    Before a Member State brings an action against another Member State for an alleged infringement of an obligation under the Treaties, it shall bring the matter before the Commission.

    The Commission shall deliver a reasoned opinion after each of the States concerned has been given the opportunity to submit its own case and its observations on the other party's case both orally and in writing.

    If the Commission has not delivered an opinion within three months of the date on which the matter was brought before it, the absence of such opinion shall not prevent the matter from being brought before the Court.

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