Opinion of the Advocate General — ECLI:EU:C:2002:208
Date: 2002-03-21
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: Germany

Summary of the Judgment
1. Actions for failure to fulfil obligations — Examination of merits by the Court —
Situation to be taken into account — Situation prevailing at the end of the period laid
down in the reasoned opinion
(Art. 226 EC)
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SUMMARY — CASE C-383/00
2. Member States — Obligations — Implementation of directives — Failure to fulfil
obligations — justification put forward — Not acceptable — Obligation of cooper­
ation in good faith between the Member State and the Commission — Scope
(Arts 10 EC and 226 EC)
3. Actions for failure to fulfil obligations — Right of the Commission to bring judicial
proceedings — To be exercised at its discretion
(Art. 226 EC)
1. In an action under Article 226 EC, the
question whether a Member State has
failed to fulfil its obligations must be
determined by reference to the situ­
ation prevailing in the Member State at
the end of the period laid down in the
reasoned opinion and the Court cannot
take account of any subsequent
changes.
(see para. 16)
2. A Member State may not plead provi­
sions, practices or situations in its
internal legal order, including those
resulting from its federal organisation,
in order to justify a failure to comply
with the obligations and time-limits
laid down in a directive. While, pur­
suant to the principle of cooperation,
the Commission and the Member
States must work together in good
faith, such cooperation must be in full
compliance with the Treaty and sec­
ondary legislation.
(see para. 18)
3. Under the system established by
Article 226 EC, the Commission enjoys
a discretionary power as to whether it
will bring an action for failure to fulfil
obligations and it is not for the Court
to judge whether that discretion was
wisely exercised.
(see para. 19)
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