Article 88

If the Commission considers that a State has failed to fulfil an obligation under this Treaty, it  shall record this failure in a reasoned decision after giving the State concerned the opportunity  to submit its comments. It shall set.

The State a time limit for the fulfillment of its obligation.  The State may institute proceedings before the Court within two months of notification of the  decision; the Court shall have unlimited jurisdiction in such cases. If the State has not fulfilled  its obligation by the time limit set by the Commission, or if it brings an action which is  dismissed, the Commission may, with the assent of the Council acting by a two thirds  majority:

a. Suspend the payment of any sums, which it may be liable to pay to the State in question  under this Treaty;  
b. Take measures, or authorize the other Member States to take measures, by way of  derogation from the provisions of Article 4, in order to correct the effects of the infringement  of the obligation.

Proceedings may be instituted before the Court against decisions taken under subparagraphs  (a) and (b) within two months of their notification; the Court shall have unlimited jurisdiction  in such cases.

If these measures prove ineffective, the Commission shall bring the matter before the Council.

Article 89

Any dispute between Member States concerning the application of this Treaty which cannot  be settled by another procedure provided for in this Treaty may be submitted to the Court on  application by one of the States which are parties to the dispute.

The Court shall also have jurisdiction in any dispute between Member States which relates to  the subject matter of this Treaty, if the dispute is submitted to it under a special agreement  between the parties.

Article 90

If failure to fulfil an obligation under this Treaty on the part of an undertaking also constitutes  an infringement of its obligations under the law of its State and judicial or administrative  action is being taken under that law against the undertaking, the State in question shall so  inform the Commission, which may defer its decision.

If the Commission defers its decision, it shall be kept informed of the progress of the action  taken by national authorities and shall be permitted to produce all relevant documents and  expert and other evidence. It shall also be informed of the final decision on the case and shall  take account of this decision in determining any penalty it may itself impose.

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