47As regards whether, as the Republic of Estonia and the Republic of Poland submit, the Commission must state reasons, on a case-by-case basis, for its decision to seek a financial penalty under Article 260(3) TFEU or whether it may take such a decision without stating reasons, in all cases falling within the scope of that provision, it must be borne in mind that, as guardian of the Treaties pursuant to the second sentence of Article 17(1) TEU, the Commission enjoys a discretion to take such a decision.
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