Opinion of the Advocate General — ECLI:EU:C:2000:451
Date: 2000-09-14
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws;Pollution
Procedure: Action for failure to fulfil obligations - successful
Origin: Portugal

Summary of the Judgment 
Actions for failure to fulfil obligations — Examination by the Court as to whether an 
action is well founded — Situation to be taken into consideration — Situation at the 
expiry of the period set by the reasoned opinion 
(Art. 226 EC) 
I - 11179 
SUMMARY — CASE C-435/99 
In proceedings under Article 226 EC, 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 and the Court cannot take account 
of any subsequent changes. 
(see para. 16) 
I -11180