Judgment_paragraph 26 · Comité International de la Rayonne et des Fibres Synthétiques and others v Commission of the European Communities (C-313/90)

26Furthermore, that contested decision does not constitute a mere preparatory measure for which the possibility of bringing an action against the decision closing the procedure would afford sufficient protection in the event of its being unlawful. The decision refusing to initiate the procedure provided for by Article 93(2) of the Treaty is definitive and therefore cannot be characterized as a mere preparatory measure.