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 ACTIONS AGAINST MEMBER STATES 
  Articles 58 – 260 TFEU (ex 226 – 228) EC Treaty
 R eading代写留学生论文 Chalmers et al (2006) pp 348 – 364 OR Craig and de Búrca (2007) Chapter 12 OR Steiner and Woods (2009) Chapter 11
 We have seen how the EC institutions may be challenged under the procedures for judicial review and now we look at how the Member States may be challenged for their improper implementation of EU measures. Essentially, the Commission is charged with the responsibility of taking defaulting MS before the ECJ. The central issue here really is how effective is this enforcement mechanism? Does taking a Member State all the way to a judicial action in Luxembourg  (a lengthy, costly and politically sensitive process) actually achieve the result of ensuring the effective enforcement of EU law? The changes introduced by the TEU to Article 228 EC (now 260 TFEU) allowing for the eventual financial sanctioning of the MS obviously make a difference but is it, de facto, a significant one?
 
 We look first of all at the procedure outlined under Article 258.
 
 
 The Procedure under Article 258 EC
 An action by the Commission under Article 258 involves a four distinct stages;
 1. Informal/pre-contentious
  2. the formal notice
 3. the reasoned opinion by the Commission and
 4.  the referral to the Court. 
 
 The Informal Stage
 At least a third of cases are resolved at the informal stage which can involve lengthy negotiations between the MS and the Commission. The importance of this stage may be summarised as follows:
 (a) Relatively short periods for a State to respond to a letter of formal notice and to the Commission's reasoned opinion, may be justified if there has been an extensive informal stage where discussions have taken place between the Commission and the Member State
 * Case 85/85 Commission v Belgium [1986] ECR 1149.
 (b) If the informal stage is truncated or non-existent the Court may find such short periods unreasonable and declare the case inadmissible
 * Case 293/85 Commission v Belgium [1988] ECR 305.
 (c) Deficiencies in the Commission's arguments in the letter of formal notice and reasoned opinion may be made up for by arguments used in Commission communications with the Member States during the informal stage
 * Case 23/84 Commission v United Kingdom [1986] ECR 3581.
 
 Letter of Formal Notice
 The letter of formal notice is an essential procedural requirement.  It defines the ambit of the case that is being brought against the Member State.  The Commission cannot widen the scope of the action, even at the stage of the reasoned opinion.
 *  Case 51/83 Commission v Italy [1984] ECR 2793
• Case 240/86  Commission v Greece [1988] ECR 1835

 The Reasoned Opinion
 The reasoned opinion establishes the legal arguments that the Commission is relying on.
 
 * Case 290/87 Commission v Netherlands [1989] ECR 3083.
 It must contain a coherent statement of reasons which led the Commission to believe that the State in question has failed an obligation under the Treaty.
 * Case 7/61 Commission v Italy [1961] ECR 317 (The Pigmeat case).
 
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