Judgment_paragraph 79 · Carl Schlyter v European Commission (T-402/12)

79By contrast, the infringement procedure is the classic example of an ex post check, which involves monitoring national measures once they have been adopted by the Member States and is designed to restore observance of the legal order (see, to that effect, Opinion of Advocate General Alber in Commission v France, C‑230/99, ECR, EU:C:2000:603, paragraph 28). It is true that the pre-litigation stage provided for by the infringement procedure also provides for a phase of dialogue between the Commission and the Member State concerned. However, the objective is to achieve the amicable settlement of a dispute between the Commission and the Member State concerned and, failing that, to contemplate bringing proceedings before the Court of Justice on account of the incompatibilities of a national measure which has entered into force and has legal effects on the internal market.