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2. Unclear procedural stipulations concerning the role of the Commission and Member States.

• 2.1. Deadlines under Article 169: efficiency versus equity?
• 2.2. The Commission's discretion under Article 169.
• 2.3. The Commission's power to state the specific measures that must be adopted to comply with EC law.
• 2.4. The Member States' obligation to comply with the reasoned opinion and the decision of the ECJ.
• 2.5. The scope of the "right to the defence" of Member States.
• 2.6. The burden of proving the breach: the Commission's or a Member State's obligation?
• 2.7. Limits to the use of Article 169 procedure.

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