4Secondly, it is for the Commission to judge at what time it will bring an action for failure to fulfil obligations; the considerations which determine its choice of time cannot affect the admissibility of the action (see judgment in Case 7/68 Commission v Italy [1968] ECR 423). That being so, the fact, on the one hand, that no action was taken further to the reasoned opinion, either immediately or shortly afterwards, and, on the other hand, that the subject of the failure to fulfil obligations was not formally raised at a bilateral meeting, could not confer on the Member State concerned a legitimate expectation that the procedure was at an end.
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