Judgment_paragraph 34 · European Commission v Ireland (C-552/15)

34As regards the alleged breach of the principle of sincere cooperation and the principle of good administration because of the date chosen for bringing the action, it should be recalled, first, that it is for the Commission to determine whether it is expedient to take action against a Member State and what provisions, in its view, the Member State has infringed, and to choose the time at which it will bring an action for failure to fulfil obligations; the considerations which determine that choice cannot affect the admissibility of the action (judgments of 1 June 1994, Commission v Germany, C‑317/92, EU:C:1994:212, paragraph 4; of 18 June 1998, Commission v Italy, C‑35/96, EU:C:1998:303, paragraph 27; of 1 February 2001, Commission v France, C‑333/99, EU:C:2001:73, paragraph 24; and of 8 December 2005, Commission v Luxembourg, C‑33/04, EU:C:2005:750, paragraph 66). Indeed, the Commission is entitled to decide, in its discretion, on what date it may be appropriate to bring an action and it is thus not for the Court, in principle, to review the exercise of that discretion (judgments of 10 May 1995, Commission v Germany, C‑422/92, EU:C:1995:125, paragraph 18, and of 4 March 2010, Commission v Italy, C‑297/08, EU:C:2010:115, paragraph 87).