States and the
other institutions of the Community may bring an action before the
Court of Justice to have the infringement established.
The action shall be admissible only if the institution concerned has
first been called upon to act. If, within two months of being so called
upon, the institution concerned has not defined its position, the action
may be brought within a further period of two months.
Any natural or legal person may, under the conditions laid down in the
preceding paragraphs, complain to the Court of Justice that an
institution of the Community has failed to address to that person any
act other than a recommendation or an opinion.
The Court of Justice shall have jurisdiction, under the same
conditions, in actions or proceedings brought by the ECB in the areas
falling within the latter's field of competence and in actions or
proceedings brought against the latter."
55) Article 176 shall be replaced by the following:
"ARTICLE 176
The institution or institutions whose act has been declared void or
whose failure to act has been declared contrary to this Treaty shall be
required to take the necessary measures to comply with the judgment
of the Court of Justice.
This obligation shall not affect any obligation which may result from
the application of the second paragraph of Article 215.
This Article shall also apply to the ECB."
56) Article 177 shall be replaced by the following:
"ARTICLE 177
The Court of Justice shall have jurisdiction to give preliminary rulings
concerning:
(a) the interpretation of the Treaty;
(b) the validity and interpretation of acts of the institutions of the
Community and of the ECB;
(c) the interpretation of the statutes of bodies established by an act of
the Council, where those statutes so provide.
Where such a question is raised before any court or tribunal of a
Member State, that Court of tribunal may, if it considers that a decision
on the question is necessary to enable it to give judgment, request the
Court of Justice to give a ruling thereon.
Where any such question is raised in a case pending before a court or
tribunal of a Member State against whose decisions there is no
judicial remedy under national law, the court or tribunal shall bring the
matter before the Court of Justice."
57) Article 180 shall be replaced by the following:
"ARTICLE 180
The Court of Justice shall, within the limits hereinafter laid down, have
jurisdiction in disputes concerning:
(a) the fulfil