16The Commission then draws attention to the case-law of the Court, according to which the question whether there has been a failure to fulfil obligations must be examined on the basis of the position in which the Member State found itself at the end of the period laid down in the reasoned opinion. That case-law confirms the right of the Commission to maintain its action in the event that the failure to fulfil obligations is remedied only after expiry of the period laid down in the reasoned opinion (see, to that effect, Case C-152/00 Commission v France [2002] ECR I-6973, paragraph 15). That right is reinforced in the event that the failure to fulfil obligations has not been eliminated after expiry of that period.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.