Actions for failure to fulfil obligations - Court's appraisal of the merits - Situation to be taken into account - Situation as it stood at the end of the period laid down in the reasoned opinion
(EC Treaty, Art. 169)
In proceedings under Article 169 of the Treaty, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation in that State as it stood at the end of the period laid down in the reasoned opinion, and the Court cannot take account of any subsequent changes.