Judgment_paragraph 17 · Commission of the European Communities v Portuguese Republic (C-70/99)

17In this connection, it must be borne in mind that, notwithstanding its other powers under the Treaty to ensure that Member States comply with Community law, the Commission enjoys a discretion in deciding whether or not to commence an action for failure to fulfil obligations. It is not required to justify its decision, nor will the admissibility of the action be dependent upon the circumstances dictating its choice (see to that effect, in particular, Case 247/87 Star Fruit v Commission [1989] ECR 291, paragraphs 11 and 12, and Case C-35/96 Commission v Italy [1998] ECR I-3851, paragraph 27). The Court of Justice need only ensure that the procedure adopted may, in principle, be employed with regard to the alleged infringement.