21The Grand Duchy of Luxembourg contends that the action is inadmissible by reason of misapplication of Article 226 EC: it infringes the principles of res judicata and non bis in idem, as regards the first limb of the first complaint and the third complaint. It submits that the first limb of the first complaint, concerning the absence of a prohibition on the application of chemical fertiliser, corresponds to the first complaint in the case which gave rise to the judgment in Case C-266/00 Commission v Luxembourg [2001] ECR I-2073, and that the third complaint, relating to the conditions for land application to steeply sloping ground, had also been put forward in the context of that case, as the second complaint. The Grand Duchy of Luxembourg is of the opinion that, if the Commission considers that it has not taken the measures necessary to comply with that judgment, it should take action under Article 228(2) EC and not bring fresh proceedings on the basis of Article 226 EC.
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