Opinion of the Advocate General — ECLI:EU:C:1998:420
Date: 1998-09-17
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Action for failure to fulfil obligations - successful
Origin: Ireland

Summary of the Judgment
Actions for failure to fulfil obligations — Consideration of the merits by the Court — Situation
to be taken into account — Situation as it stood at the end of the period laid down in the reasoned
opinion
(EC Treaty, Art. 169)
In proceedings pursuant to Article 169 of the
Treaty, 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.
I - 6593