The Member States 25 March 1957, Consolidated version of the Treaty on the Functioning of the European Union#PART SIX - INSTITUTIONAL AND FINANCIAL PROVISIONS#TITLE I - INSTITUTIONAL PROVISIONS#Chapter 1 - The institutions#Section 5 - The Court of Justice of the European Union#Article 259(ex Article 227 TEC)

Article 259 (ex Article 227 TEC) A Member State which considers that another Member State has failed to fulfil an obligation under the Treaties may bring the matter before the Court of Justice of the European Union. Before a Member State brings an action against another Member State for an alleged infringement of an obligation under the Treaties, it shall bring the matter before the Commission.