Keywords
Summary

Keywords

Actions for failure to fulfil obligations – Subject-matter of the dispute – Determination during the procedure prior to the action

(Art. 226 EC)

Summary

The reasoned opinion and the action, referred to in Article 226 EC, must set out the complaints coherently and precisely in order that the Member State and the Court may appreciate exactly the scope of the infringement of Community law complained of, a condition which is necessary in order to enable the Member State to avail itself of its right to defend itself and the Court to determine whether there is a breach of obligations as alleged.

An action for failure to fulfil obligations which is founded on contradictory arguments, and does not therefore satisfy those requirements of coherence and precision, must be dismissed as inadmissible.

(see paras 21, 25-26)