28Second, it should be pointed out that under the system established by Article 226 EC the Commission enjoys a discretionary power as to whether it will bring an action for failure to fulfil obligations and it is not for the Court to judge whether that discretion was wisely exercised (see, in particular, Case C-209/88 Commission v Italy [1990] ECR I-4313, paragraph 16).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.