Judgment_paragraph 39 · Commission of the European Communities v Italian Republic (C-87/02)

39The fact that proceedings have been brought before a national court to challenge the decision of a national authority which is the subject of an action for failure to fulfil obligations and the decision of that court not to suspend implementation of that decision cannot affect the admissibility of the action for failure to fulfil obligations brought by the Commission. The existence of remedies available through the national courts cannot in any way prejudice the bringing of an action under Article 226 EC, since the two procedures have different objectives and effects (Case 31/69 Commission v Italy [1970] ECR 25, paragraph 9, and Case 85/85 Commission v Belgium [1986] ECR 1149, paragraph 24).