46The reasoned opinion therefore has legal effect only in relation to the commencement of proceedings before the Court (see Essevi and Salengo, cited above, paragraph 18) so that where a Member State does not comply with that opinion within the period allowed, the Commission has the right, but not the duty, to commence proceedings before the Court (see, to that effect, Case 247/87 Star Fruit v Commission [1989] ECR 291, paragraph 12).
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