Judgment_paragraph 20 · Commission of the European Communities v Ireland (C-362/01)

20The Commission did not, however, make it impossible for the Member State to put an end to its infringement and did not compromise its rights of defence. Furthermore, the fact that the Commission failed to take account of Ireland's observations had no effect on the definition of the subject-matter of the dispute. Paragraph 4 above makes it clear that, in its reply to the Commission's letter of formal notice, Ireland did no more than announce that it would in the future be adopting implementing measures which were then under consideration.