The European Commission launched legal action against Italy on Wednesday for failing to respond to allegations of emission-test cheating by Fiat Chrysler (FCHA.MI), in a procedure that could lead to the country being taken to court.

The Commission said Italy had failed to convince it that devices used to modulate emissions on Fiat Chrysler vehicles outside of narrow testing conditions were justified, acording to Reuters.

“The Commission is now formally asking Italy to respond to its concerns that the manufacturer has not sufficiently justified the technical necessity – and thus the legality – of the defeat device used,” the Commission said in a statement.

Italy has two months to respond to the Commission’s request and may be eventually taken to the European Court of Justice if the answer is found to be unconvincing.

Italy had asked the European Union to postpone its plan to launch legal action against Rome over emissions at Fiat Chrysler (FCHA.MI), Transport Minister Graziano Delrio said.

“Considering that after the end of the mediation process, we did not receive any request for further information … we ask that you delay starting the infringement procedure while we await a letter asking for clarification on issues raised by your relevant offices,” Delrio told EU Industry Commissioner Elzbieta Bienkowska, according to the ministry’s statement.

The European Commission has been mediating a dispute between Rome and Berlin after Germany accused Fiat Chrysler of using an illegal device in its Fiat 500X, Fiat Doblo and Jeep Renegade models. That mediation ended without fanfare in March.