28Moreover, since the subject-matter of the proceedings brought before the Court is delimited by the reasoned opinion, inasmuch as the application must be founded on the same grounds and pleas (Case 166/82 Commission v Italy [1984] ECR 459, paragraph 16; Case C-234/91 Commission v Denmark [1993] ECR I-6273, paragraph 16; and Case C-296/92 Commission v Italy [1994] ECR I-1, paragraph 11), there is no course of action open to the Commission, where it considers that the national legislation of which it complains infringes other rules of Community law and it wishes to obtain from the Court a declaration to that effect as well, other than to initiate a fresh procedure for a declaration of failure to fulfil obligations in order fully to discharge the duties assigned to it under Articles 155 and 169 of the Treaty.
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