As reminder, Article 259 TFEU provides that “before a Member State bring an action against another Member State for an alleged infringement of an obligation under the treaties, it shall bring the matter before the Commission. The Commission shall deliver a reasoned opinion after each of the States concerned has been given the opportunity its own case and its observations on the other party’s case both orally and in writing. If the Commission has not delivered an opinion within three months of the date on which the matter was brought before it, the absence of such opinion shall not prevent the matter being brought before the Court”.