gulations promulgated by the various institutions of the Community. These two articles allow individuals to bring actions in the Court of Justice to nullify such acts and regulations.
Under Article 169, the Commission has standing to bring an action before the Court of Justice if it believes that a member state has failed to fulfill an obligation under the Treaty. Before such an action can be brought, however, the Commission must provide the concerned member state with the opportunity to submit its own observations; the Commission must then submit a reasoned opinion on the matter with which the concerned member state must comply. If the state does not comply with the opinion within the time period set by the Commission, the Commission may then bring the matter before the Court of Justice.
Under Article 170, a member state may bring an action before the Court of Justice if it believes that another member state has failed to fulfill an obligation under the Treaty. Before such an action can be initiated, however, the initiating member state must bring the matter before the Commission. The Commission must then allow each of the concerned states the opportunity to present its own case and observations on the other party's case both orally and in writing; the Commission must then deliver a reasoned opinion. Even if the Commission does not deliver an opinion within three months of the date on which the matter was brought before it, the matter may still be brought before the Court.
Under Article 175, member states and other institutions of the Community may bring an action before the Court of Justice if the European Parliament, the Council, or the Commission, in infringement of the Treaty, fail to act. Such an action will only be admissible, however, if the concerned institution has first been called upon to act. If called upon, the institution has two months in which to act; if it has not acted within those two month...