THE COMMISSION'S OPINION WITHIN THE PERIOD LAID DOWN BY THE COMMISSION, THE PERIOD BEING SUCH AS TO ALLOW THE STATE IN QUESTION TO REGULARIZE ITS POSITION IN ACCORDANCE WITH THE PROVISIONS OF THE TREATY .
HOWEVER, IF THE MEMBER STATE DOES NOT COMPLY WITH THE OPINION WITHIN THE PRESCRIBED PERIOD, THERE IS NO QUESTION THAT THE COMMISSION HAS THE RIGHT TO OBTAIN THE COURT'S JUDGMENT ON THAT MEMBER STATE'S FAILURE TO FULFIL THE OBLIGATIONS FLOWING FROM THE TREATY .
IN THE PRESENT CASE, ALTHOUGH IT RECOGNIZES THAT THE ITALIAN GOVERNMENT FINALLY RESPECTED ITS OBLIGATIONS, ALBEIT AFTER THE EXPIRY OF THE PERIOD REFERRED TO ABOVE, THE COMMISSION RETAINS AN INTEREST IN OBTAINING A DECISION ON THE ISSUE WHETHER THE FAILURE OCCURRED .
THE ACTION CANNOT BE DECLARED LACKING IN PURPOSE .
B - ADMISSIBILITY
THREE OBJECTIONS OF INADMISSIBILITY ARE RAISED AGAINST THE ACTION .
( A ) THE FIRST CONSISTS IN MAINTAINING THAT THE COMMISSION'S LETTER OF 21 DECEMBER 1960 DID NOT CONSTITUTE A 'REASONED OPINION' WITHIN THE MEANING OF ARTICLE 169 OF THE TREATY, OWING TO THE FACT THAT IT DID NOT EXAMINE THE PERTINENCE OF THE ARGUMENTS ADVANCED BY THE ITALIAN GOVERNMENT AS TO THE EXISTENCE AND SERIOUSNESS OF THE CRISIS AFFECTING THE MARKET IN PIGMEAT AND THE NECESSITY FOR THE PROVISIONAL MEASURES DECIDED UPON TO BRING IT TO AN END .
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THE OPINION REFERRED TO IN ARTICLE 169 OF THE TREATY MUST BE CONSIDERED TO CONTAIN A SUFFICIENT STATEMENT OF REASONS TO SATISFY THE LAW WHEN IT CONTAINS - AS IT DOES IN THIS CASE - A COHERENT STATEMENT OF THE REASONS WHICH LED THE COMMISSION TO BELIEVE THAT THE STATE IN QUESTION HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .
THE LETTER OF 21 DECEMBER 1960 CITED ABOVE, ALTHOUGH NOT DRAWN UP IN DUE FORM, FULFILS THIS REQUIREMENT .
( B ) THE DEFENDANT MAINTAINS, SECONDLY, THAT THERE IS A CONTRADICTION BETWEEN THE ATTITUDE OF THE COMMISSION AT THE DATE OF THE REASONED OPINION, 21 DECEMBER 1960, WHEN IT CONSIDERED ITSELF ABLE TO APPRAISE THE SITUATION AND DELIVER A REASONED OPINION, AND ITS ATTITUDE AT THE DATE OF ITS REPLY TO THE APPLICATION FOR PUTTING PROTECTIVE MEASURES INTO EFFECT, 10 MARCH 1961, WHEN IT STATED THAT IT WAS WAITING FOR THE INFORMATION NECESSARY TO DECIDE ON THE APPLICATION .
AN APPLICATION BASED ON ARTICLE 226 OF THE TREATY DEMANDS AT ONE AND THE SAME TIME AN INVESTIGATION AND AN APPRAISAL OF THE FACTS, FOLLOWED BY A DECISION, THAT IS TO SAY, THAT A CERTAIN SEQUENCE OF PROCEDURAL STEPS BE CARRIED OUT .
THE FIRST PARAGRAPH OF ARTICLE 169, ON THE OTHER HAND, APPLIES WHENEVER THE COMMISSION CONSIDERS - WHETHER RIGHTLY OR WRONGLY - THAT A MEMBER STATE HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .
NO CONTRADICTION IS TO BE FOUND BETWEEN THE COMMISSION'S ATTITUDE AT THE DATE WHEN IT DELIVERED THE REASONED OPINION, AND ITS ATTITUDE AT THE DATE OF ITS REPLY TO THE APPLICATION FOR PUTTING PROTECTIVE MEASURES