16In that connection, it must be pointed out that the Court cannot give a decision on a request that the Commission withdraw a complaint in proceedings for failure of a Member State to fulfil its obligations. Under the system established by Article 141 EA, the Commission enjoys a discretion as to whether to bring proceedings for failure to fulfil obligations and it is not for the Court to consider whether the exercise of that discretion is appropriate (see, to that effect, Case C-236/99 Commission v Belgium [2000] ECR I-5657, paragraph 28, and Case C-383/00 Commission v Germany [2002] ECR I-4219, paragraph 19).
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