30In that regard, it must be borne in mind, firstly, that, in accordance with established case-law, the subject-matter of an action for failure to fulfil obligations is determined by the Commission’s reasoned opinion (Case 39/72 Commission v Italy [1973] ECR 101, paragraph 9, and Case C-236/05 Commission v United Kingdom [2006] ECR I-10819, paragraph 10 and the case-law cited). Consequently, whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion, and the Court cannot take account of any subsequent changes (Case C-161/02 Commission v France [2003] ECR I-6567, paragraph 6, and Case C-158/09 Commission v Spain, paragraph 7).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.