Judgment_paragraph 18 · Commission of the European Communities v Federal Republic of Germany (C-422/92)

18However, it is settled law that the rules of Article 169 of the Treaty must be applied and the Commission is not obliged to act within a specified period (see in particular the judgment in Case C-96/89 Commission v Netherlands [1991] ECR I-2461, paragraph 15). The Commission is thus entitled to decide, in its discretion, on what date it may be appropriate to bring an action and it is not for the Court to review the exercise of that discretion. The objection of ^admissibility must therefore be rejected.

Commission of the European Communities v Federal Republic of Germany (C-422/92)

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