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Actions for failure to fulfil an obligation

Under Article 258 of the Treaty on the Functioning of the European Union, if the European Commission considers that an EU Member State has failed to fulfil an obligation under the treaties, it delivers a reasoned opinion on the matter (a formal request to comply with EU law) after giving the Member State in question the opportunity to submit its observations.

If the Member State concerned does not comply with the reasoned opinion within the period set by the Commission, the latter may bring the matter before the Court of Justice of the European Union.