Keywords
Summary

Keywords

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1 . Action against a Member State for failure to fulfil obligations - Commission' s right of action - Discretionary exercise

( EEC Treaty, Art . 169 )

2 . Member States - Obligations - Failure to comply with such obligations - Justification - None permissible

( EEC Treaty, Art . 169 )

3 . Action against a Member State for failure to fulfil obligations - Examination by the Court as to whether such an action is well founded - Circumstances to be taken into account - Circumstances existing at the expiry of the period laid down in the reasoned opinion

( EEC Treaty, Art . 169 )

Summary

1 . Under the system established by Article 169 of the Treaty, the Commission enjoys a discretionary power in deciding whether to institute proceedings for a declaration that a Member State has failed to fulfil obligations and it is not for the Court to decide whether such discretion was wisely exercised .

2 . A Member State may not plead internal circumstances in order to justify failure to comply with obligations and time-limits resulting from Community law .

3 . In an action brought under Article 169 of the Treaty, the question whether there has been a failure to fulfil obligations must be examined on the basis of the position in which the Member State found itself at the end of the period laid down in the reasoned opinion; subsequent changes cannot be taken into account by the Court .