The Ombudsman also notes that the purpose of an "Article 226 procedure" is not, per se, to clarify the meaning of Community law, but to provide the Commission with the means of ensuring that Member States comply with Community law in cases where the Commission is of the view that an infringement of Community law has occurred. The Commission is thus not required, in the context of an "Article 226 procedure", to give, in all cases, a definitive interpretation of Community legislation.

In the exercise of its discretionary powers, if the Commission has not established that a Member State is indeed in breach of Community law, it cannot be excluded that the Commission could express the view that the precise meaning of a particular provision of Community law is, at that moment, unclear, and thus that its firm conclusion of a breach of Community law by the Member State would not be justified.