Judgment — ECLI:EU:C:2011:251
Date: 2011-04-14
Language of the case: Romanian
Court formation: Fourth Chamber
Subject matter: Environment
Procedure: Action for failure to fulfil obligations - inadmissible
Origin: Romania

Summary of the Judgment Actions for failure to fulfil obligations – Pre-litigation procedure – Purpose (Art. 258 TFEU) In the context of an action for failure to fulfil obligations, the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under European Union law and, on the other, to avail itself of its right to defend itself against the complaints formulated by the Commission. The opportunity for the Member State concerned to submit its observations, even if it chooses not to avail itself thereof, constitutes an essential guarantee intended by the FEU Treaty, adherence to which is an essential formal requirement of the procedure for finding that a Member State has failed to fulfil its obligations. (see paras 15-16)