The Ombudsman recalls that his inquiry in this context is limited to investigating whether the Commission acted in accordance with the rules and principles binding upon it when handling the infringement complaint, and also whether it kept within the limits of its legal authority. His investigation does not imply a review of the question whether national legislation, practices and court decisions may be contrary to Community law. The Ombudsman further recalls that the Commission enjoys a discretionary power in deciding whether to institute proceedings before the Court of Justice in relation to the alleged failure by a Member State to fulfil its obligations under EU law.