| | 31989L0665: rc1-3.4Reasoned submission    
| 31989L0665 - Remedies Classic (1st generation) | Article 3.4 | | 4. A reasoned submission in accordance with paragraph 3 (b) may rely among other matters on the fact that the alleged infringement is already the subject of judicial or other review proceedings or of a review as referred to in Article 2 (8). In such a case, the Member State shall inform the Commission of the result of those proceedings as soon as it becomes known. | | 31992L0013 - Remedies Utilities (1st generation) | Article 8.4 | | 4. A reasoned submission in accordance with paragraph 3 (b) may rely among other matters on the fact that the alleged infringement is already the subject of judicial review proceedings or of a review as referred to in Article 2 (9). In such a case, the Member State shall inform the Commission of the result of those proceedings as soon as it becomes known. |
| Case | Pte | Ref | Text | C-353/96
Ireland | 20-22 | RC1-3.4
ECT-226 [ex 169] | 20 While not formally contesting the admissibility of the application, the Irish Government raises the question whether proceedings under Article 169 of the Treaty may be initiated when other means exist of remedying a possible failure to fulfil obligations, such as those provided for in Article 3 of Directive 89/665.
21 It submits that, since proceedings were brought in the High Court on 21 June 1994, it is Article 3(4) of that directive which applies in the present case. It is in the context of those proceedings that any infringement of the relevant provisions on the award of public contracts should be assessed. Moreover, such an infringement would not be the result of a failure by Ireland to fulfil its obligations, but would be attributable to Coillte Teoranta if it were to be regarded as a contracting authority.
22 On this point, it must be noted that the special procedure under Directive 89/665 is a preliminary measure which can neither derogate from nor replace the powers of the Commission under Article 169 of the Treaty. That article gives the Commission discretionary power to bring an action before the Court where it considers that a Member State has failed to fulfil an obligation under the Treaty and that the State concerned has not complied with the Commission's reasoned opinion (Case C-359/93 Commission v Netherlands [1995] ECR I-157, paragraph 13). |
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