Judgment_paragraph 106 · European Commission v Kingdom of Belgium (C-356/15)

106In the second place, it is clear from settled case-law that a Member State may not rely on the fact that other Member States have also failed to perform their obligations in order to justify its own failure to fulfil its obligations under the FEU Treaty. In fact, in the EU legal order established by the Treaty, the implementation of EU law by the Member States cannot be made subject to a condition of reciprocity. Articles 258 and 259 TFEU provide the appropriate remedies in cases where Member States fail to fulfil their obligations under the FEU Treaty (judgment of 19 November 2009, Commission v Finland, C‑118/07, EU:C:2009:715, paragraph 48 and the case-law cited).

European Commission v Kingdom of Belgium (C-356/15)

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