Opinion of the Advocate General — ECLI:EU:C:2001:308
Date: 2001-05-31
Language of the case: Greek
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for failure to fulfil obligations - successful
Origin: Greece

Summary of the Judgment 
Actions for failure to fulfil obligations — Examination of the merits by the Court — 
Situation to be taken into account — Situation at the end of the period laid down in the 
reasoned opinion 
(Article 226 EC) 
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SUMMARY — JOINED CASES C-396/99 AND C-397/99 
For the purposes of an action under Arti­
cle 226 EC, 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. 31) 
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