38As regards the German Government's argument concerning the Commission's motives in choosing to bring the present action rather than taking action against the Council, it must be borne in mind that, in its role as guardian of the Treaty, the Commission alone is competent to decide whether it is appropriate to bring proceedings against a Member State for a declaration that it has failed to fulfil its obligations, and on account of which conduct or omission attributable to the Member State concerned those proceedings should be brought, and that, in exercising those powers which it holds under Article 169 of the Treaty, the Commission does not have to show that there is a specific interest in bringing an action (Case C-431/92 Commission v Germany [1995] ECR I-2189, paragraphs 21 and 22).
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