Keywords
Summary

Keywords

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1 . ACTION FOR FAILURE BY A MEMBER STATE TO FULFIL ITS OBLIGATIONS - SUBJECT-MATTER OF THE ACTION - ESTABLISHED BY THE REASONED OPINION - PERIOD GRANTED TO THE MEMBER STATE FOR COMPLIANCE - SUBSEQUENT COMPLIANCE WITH ITS OBLIGATIONS - INTEREST IN PURSUING THE ACTION - POSSIBLE LIABILITY OF THE MEMBER STATE

( EEC TREATY, ART . 169 )

2 . MEMBER STATES - OBLIGATIONS - COMMISSION' S TASK OF SUPERVISION - MEMBER STATES' DUTY TO COOPERATE - COOPERATION IN INVESTIGATIONS CONCERNING AN ALLEGED FAILURE BY A MEMBER STATE TO FULFIL ITS OBLIGATIONS

( EEC TREATY, ART . 5 )

Summary

1 . THE SUBJECT-MATTER OF AN ACTION BROUGHT UNDER ARTICLE 169 IS ESTABLISHED BY THE COMMISSION' S REASONED OPINION AND EVEN WHERE THE DEFAULT HAS BEEN REMEDIED AFTER THE PERIOD LAID DOWN PURSUANT TO THE SECOND PARAGRAPH OF THAT ARTICLE HAS ELAPSED, AN INTEREST STILL SUBSISTS IN PURSUING THE ACTION . THAT INTEREST MAY CONSIST IN ESTABLISHING THE BASIS FOR A LIABILITY WHICH A MEMBER STATE MAY INCUR, BY REASON OF ITS FAILURE TO FULFIL ITS OBLIGATIONS, TOWARDS THOSE TO WHOM RIGHTS ACCRUE AS A RESULT OF THAT FAILURE .

2 . REFUSAL BY A MEMBER STATE TO ASSIST THE COMMISSION IN THE INVESTIGATIONS WHICH THE LATTER IS CARRYING OUT IN ORDER TO DETERMINE WHETHER BREACHES OF COMMUNITY LAW FLOWING FROM REGULATIONS AND PRACTICES IN THAT STATE HAVE BEEN COMMITTED CONSTITUTES A FAILURE TO FULFIL THE DUTY INCUMBENT ON EVERY MEMBER STATE UNDER ARTICLE 5 TO FACILITATE THE ACHIEVEMENT OF THE COMMISSION' S TASKS .