MEMBER STATES AND THEIR COMMUNITY OBLIGATIONS: ACTIONS AGAINST MEMBER STATES AT COMMUNITY AND NATIONAL LEVEL

Proceedings may be brought in the Court of Justice either by the Commission or by a Member State against a Member State which is alleged to be in breach of its Community obligations:

Article 226 (formerly 169)

If the Commission considers that a Member State has failed to fulfil an obligation under this Treaty it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations.