Opinion of the Advocate General — ECLI:EU:C:2000:82
Date: 2000-02-10
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Intellectual, industrial and commercial property;Approximation of laws;Freedom to provide services
Procedure: Action for failure to fulfil obligations - successful
Origin: Luxembourg

Summary of the Judgment 
Actions for failure to fulfil obligations — Examination of merits by the Court — Situation 
to be taken into consideration — Situation at the end of the period laid down in the 
reasoned opinion 
(Art. 226 EC) 
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SUMMARY — CASE C-348/99 
In an action 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. 8) 
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