ABSTRACT
Summary 366
13.1 Introduction 368
13.2 Action against a Member State by the Commission under Article 226 EC 369
13.3 Action against a Member State by another Member State under Article 227 EC 392
13.4 Effect of a ruling confirming a failure of a Member State to fulfil its Community obligations 395
13.5 Actions under simplified procedures 398
Aide-mémoire 400
SUMMARY
1. This chapter examines the main actions aimed at ensuring compliance by Member States with their Community obligations. The fact that the Community can enforce compliance with its rules through effective sanctions against a Member State in breach of its obligations confers a unique status on Community law. The effectiveness of its enforcement mechanisms far exceeds that of public international law. 2. The most important and most frequently used action is provided for and defined in Article 226 EC. It allows the Commission to bring proceedings against a Member State for failure to fulfil an obligation under the EC Treaty. The Commission, as the “guardian of the Treaty”, has a wide discretion and can set aside the proceedings at any stage, or continue them even if a defaulting Member State has terminated the breach but did so after the expiry of the time limit fixed in the reasoned opinion.
