Opinion of the Advocate General — ECLI:EU:C:2005:343
Date: 2005-06-02
Language of the case: Italian
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Approximation of laws;Freedom to provide services
Procedure: Action for failure to fulfil obligations - inadmissible
Origin: Italy

Summary of the Judgment Actions for failure to fulfil obligations — Infringement terminated before the expiry of the period laid down in the reasoned opinion — Inadmissibility (Art. 226, second para., EC) Under the second paragraph of Article 226 EC, the Commission may bring an action for failure to fulfil obligations before the Court only if the Member State concerned has failed to comply with the reasoned opinion within the period laid down by the Commission for that purpose. Furthermore, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion. An action for failure to fulfil obligations is therefore inadmissible where the national measure which is the sole object of the action has been exhausted before the period laid down in the reasoned opinion expired and even before the letter of formal notice was sent. (see paras 13-14, 16-17)