Judgment — ECLI:EU:C:1997:502
Date: 1997-10-23
Language of the case: Spanish
Court formation: Full Court
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Accession;Free movement of goods;Measures having equivalent effect;Quantitative restrictions;State monopolies of a commercial character
Concepts: General
Procedure: Action for failure to fulfil obligations - unfounded
Origin: Spain

Summary of the Judgmen t 
Actions for failure to fulfil obligations — Proof of failure — Burden of proof on the Commission 
(EC Treaty, Art. 169) 
In an action under Article 169 of the Treaty 
to establish the failure of a Member State to 
fulfil its obligations, it is incumbent on the 
Commission to prove the alleged failure to 
fulfil obligations. 
I -5851