The EU is required by the terms of its own Treaty, Article 6(2) TEU, to accede to the ECHR, and the Commission is open to an infringement action if it fails to do so. The history of EU integration provides many illustrations of ad hoc, pragmatic actions in the face of seemingly impossible practical difficulties. So accession may still be achieved. Nonetheless, the ECJ’s Opinion makes it highly problematic for the Commission to proceed. There may indeed, be little prospect that non-EU ECHR states will acquiesce in renegotiating the agreement to suit the terms of the ECJ’s Opinion. In such a situation, the Commission could not be blamed if non-EU action made it impossible to fulfil the obligation in Article 6(2).