11In considering the admissibility of the claim for a declaration that the Commission has failed to act, it must be noted that the defendant defined its position, after being called upon to act, after the expiry of the period of two months referred to in the second paragraph of Article 175 of the Treaty, but before the action was brought. It follows that the Commission did not fail to adopt a decision on Echebastar's application and that the conditions prescribed by Article 175 of the Treaty are not met.