If, within three or, with the agreement of the Council, four months of the communication of the common position pursuant to Article 252 of the EC Treaty, Parliament has neither rejected nor amended the position, and the Council fails to adopt the proposed legislation in accordance with the common position, the President (president) may, on behalf of Parliament and after consulting the committee responsible for legal affairs, bring an action against the Council in the Court of Justice under Article 232 of the EC Treaty.