Judgment_paragraph 31 · Commission of the European Communities v French Republic (C-233/00)

31Moreover, the Court has repeatedly held 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, inter alia, Case C-236/99 Commission v Belgium [2000] ECR I-5657, paragraph 28). It is therefore a matter for the Commission alone to decide whether it will continue such an action (see, to that effect, Case C-474/99 Commission v Spain [2002] ECR I-5293, paragraph 25), all the more so since, even where the default has been remedied after the time-limit given in the reasoned opinion has expired, there is still an interest in pursuing the action in order to establish the basis of liability which a Member State may incur, as a result of its default, towards other Member States, the Community or private parties (see to that effect, inter alia, Case C-166/00 Commission v Greece [2001] ECR I-9835, paragraph 9).