Opinion of the Advocate General — ECLI:EU:C:1998:621
Date: 1998-12-17
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment
Procedure: Action for failure to fulfil obligations - successful
Origin: Germany

Summary of the J u d g m e n t 
1. Actions for failure to fulfil obligations — Where the Commission decides to issue a reasoned 
opinion — Application of the principle of collegiality — Scope 
(EC Treaty, Art. 169) 
2. Member States — Obligations — Implementation of directives — Failure to fulfil obligations 
— Justification — Not permissible 
(EC Treaty, Art. 169) 
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SUMMARY — CASE C-272/97 
1. The decision of the Commission to issue 
a reasoned opinion in the context of the 
procedure under Article 169 of the Treaty 
is subject to the principle of collegiality 
but the formal requirements for effective 
compliance with that principle vary 
according to the nature and legal effects of 
the acts adopted by that institution. Since 
it is part of a preliminary procedure which 
does not have any binding legal effect for 
the addressee and since it is merely a pre-
litigation stage of a procedure which may 
lead to an action before the Court, such a 
decision must be the subject of collective 
deliberation by the college of Commis­
sioners, which implies that the informa­
tion on which it is based must be available 
to the members of the college. It is not 
necessary, however, for the college itself 
formally to decide on the wording of the 
act which gives effect to such a decision 
and to put it in final form. 
2. A Member State cannot rely on provisions, 
practices or situations arising in its own 
internal legal order to justify its failure to 
respect the obligations and time-limits laid 
down by a directive. 
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