28Second, as regards the argument concerning the EEA Agreement, it must be observed that it is true that the application was a little unclear in that respect in confining itself, having pleaded a breach of Articles 18 EC and 56 EC, to observing that there was a breach of the ‘corresponding articles’ of that agreement. However, it is common ground, first, that the Commission made clear in its reply that it intended to rely on breach of Article 40 of that agreement alone. Second, and in any event, it must be observed that, as is apparent from paragraph 59 of the defence of the Portuguese Republic, it is clear that the latter cannot reasonably be in any doubt that the Commission’s ground of challenge regarding the EEA Agreement in fact referred to Article 40 of that agreement. Accordingly, the Portuguese Republic was in a position to avail itself of its right to defend itself.