Article 5

Where the Commission considers that an obstacle is occurring in a Member State, it shall notify the Member State concerned of the reasons that have led the Commission to such a conclusion and shall request the Member State to take all necessary and proportionate measures to remove the said obstacle within a period which it shall determine with reference to the urgency of the case. In reaching its conclusion, the Commission shall have regard to Article 2. The Commission may publish in the Official Journal of the European Communities the text of the notification which it has sent to the Member State concerned and shall immediately transmit the text to any party which requests it. The Member State shall, within five working days of receipt of the text, either: inform the Commission of the steps which it has taken or intends to take to implement paragraph 1, or communicate a reasoned submission as to why there is no obstacle constituting a breach of Articles 30 to 36 of the Treaty. In exceptional cases, the Commission may allow an extension of the deadline mentioned in paragraph 4 if the Member State submits a duly substantiated request and the grounds cited are deemed acceptable.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.