In the event of “unexpected” economic events, Council recommendations may be repeated and a warning notice reissued any number of times.24 As a result, the sequential nature of the incentives and sanctions system, whereby each measure is succeeded by a more stringent one, is lost.
However, the sequential nature of the old pact was also limited given that the European Court of Justice 25 had also accepted (albeit within the bounds of an action brought against the Council for failure to act) the possibility of virtual inaction on the part of the ECOFIN Council – for example, through the rejection of Commission proposals for Council recommendations.