The court shall have unlimited jurisdiction in appeals against pecuniary sanctions and  periodic penalty payments imposed under this Treaty.

In support of its appeal, a party may, under the same conditions as in the first paragraph of  Article 33 of this Treaty, contest the legality of the decision or recommendation, which that  party is alleged not to have observed.

Article 37

If a Member State considers that in a given case action or failure to act on the part of the  Commission is of such a nature as to provoke fundamental and persistent disturbances in its  economy, it may raise the matter with the Commission.

The Commission, after consulting the Council, shall, if there are grounds for so doing,  recognize the existence of such a situation and decide on the measures to be taken to end it, in  accordance with the provisions of this Treaty, while at the same time safeguarding the  essential interests of the Community.

When proceedings are instituted in the Court under this Article against such a decision or  against an express or implied decision refusing to recognize the existence of the situation  referred to above, it shall be for the Court to determine whether it is well founded.

If the Court declares the decision void, the Commission shall, within the terms of the  judgment of the Court, decide on the measures to be taken for the purposes indicated in the  second paragraph of this Article.

Article 38

The Court may, on application by a Member State or the Commission, declare an act of the  European Parliament or of the Council to be void.

Application shall be made within one month of the publication of the act of the European  Parliament or the notification of the act of the Council to the Member States or to the  Commission.

The only grounds for such application shall be lack of competence or infringement of an  essential procedural requirement.

Article 39

Actions brought before the Court shall not have suspensory effect.

The Court may, however, if it considers that circumstances so require, order that application  of the contested decision or recommendation be suspended.

The Court may prescribe any other necessary interim measures.

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