Judgment_paragraph 6 · Société nationale interprofessionnelle de la tomate and others v Commission of the European Communities (C-87/89)

6As regards the Commission's decision not to bring an action for failure to fulfil obligations, it is clear from the scheme of Article 169 of the EEC Treaty that the Commission has no obligation to commence proceedings under that article; it has a discretionary power precluding the right of individuals to require it to adopt a particular position and to bring an action for annulment against its refusal to take action.