++++ 1 . PROCEDURE - MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL - ACTION FOR DECLARATION - TIME-LIMIT - POWER OF APPRAISAL OF THE COMMISSION ( EURATOM TREATY, ARTICLE 141 ) 2 . PROCEDURE - MEMBER STATES - OBLIGATIONS - TREATY PROVISIONS IN FORCE - APPRAISAL BY THE COMMISSION - FAILURE TO FULFIL OBLIGATION - ACTION FOR DECLARATION - NO MISUSE OF PROCEDURE 3 . EURATOM TREATY - PERMANENT CHARACTER - DEPRIVATION OF POWERS - NECESSITY FOR AN EXPRESS PROVISION OF THE TREATY 4 . EURATOM TREATY - SUPPLY - SPECIAL PROVISIONS - FAILURE BY THE COUNCIL TO EXERCISE THE POWERS CONFERRED BY THE SECOND PARAGRAPH OF ARTICLE 86 - NO LAPSE OF THE PROVISIONS OF CHAPTER VI OF TITLE TWO OF THE EURATOM TREATY - VALIDITY 5 . MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL - DEFENDANT MEMBER STATE IN A POSITION OF LEGAL UNCERTAINTY - FAILURE TO FULFIL OBLIGATION NOT JUSTIFIED ( EURATOM TREATY, ARTICLE 141 ) 6 . MEMBER STATES - OBLIGATION - FAILURE TO FULFIL - DECLARATION - NO REQUIREMENT THAT OTHER MEMBER STATES SHOULD HAVE BEEN PREJUDICED