Opinion of the Advocate General — ECLI:EU:C:2000:96
Date: 2000-02-22
Language of the case: Italian
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Free movement of capital;Freedom to provide services
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Summary of the Judgment 
Actions for failure to fulfil obligations — Examination ofinerits by the Court — Situation 
to be taken into consideration — Situation at the end of the period laid down in the 
reasoned opinion 
(EC Treaty, Art. 169 (now Art. 226 EC)) 
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SUMMARY — CASE C-58/99 
In the context of an action brought under 
Article 169 of the Treaty (now Article 226 
EC), the question whether a Member State 
has failed to fulfil its obligations must be 
determined by reference to the situation in 
the Member 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. 
(see para. 17) 
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