The European Commission, as ‘guardian of the Treaties’, ensures the proper application of the Treaties’ provisions as well as arrangements made by the institutions pursuant thereto. This article, published on 1 October 2002 in the French daily newspaper Le Monde, explains the Commission’s supervisory role in the area of economic and monetary policy (Articles 119 and 220 of the EC Treaty).

Table showing infringement procedures by sector (cases under examination as of 31 December 2001).

Table showing infringement procedures in 2001, grouped by Member State of the European Union and the legal basis.

Table showing infringement procedures according to the various stages and the Member States of the European Union, from 1997 to 2001.

Example of the failure, by a Member State to meet its obligations under Community law. Following proceedings initiated by the Commission, the Court of Justice upheld this failure and censured the State in question.

On 5 April 2003, the Europe Daily Bulletin illustrates the powers of the European Commission under Article 228 of the EC Treaty in connection with infringement proceedings brought before the Court of Justice of the European Communities.

In this interview, Hubert Ehring, Adviser in the Legal Service of the Commission of the European Economic Community (EEC) from 1958 to 1967, describes the activities that he carried out in the Legal Service in connection with the Commission’s task of overseeing the application of the Treaty provisions. He particularly mentions breaches by Member States and the Commission’s power to bring proceedings before the Court of Justice for failure to fulfil an obligation.

Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (Articles 81 and 82 after the Treaty of Amsterdam).

Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the EC Treaty. This new regulation replaces Council Regulation (EEC) No 17 of 6 February 1962: First Regulation implementing Articles 81 and 82 of the Treaty. The main amendments introduced abolish the system of prior authorisation, replacing it by a directly applicable exception system, and strengthen the Commission’s powers, primarily during its investigation phase.

On 28 October 2002, the French daily newspaper Le Figaro outlines the views of both sides — companies and the European Commission’s Directorate-General for Competition — on the notification procedure for new agreements, decisions and concerted practices provided for in Article 81(1) of the EC Treaty.