Judgment_paragraph 10 · Bundesverband der Bilanzbuchhalter e.V. v Commission of the European Communities (C-107/95 P)

10The Court of First Instance went on to observe, at paragraph 23, that the Court of Justice had consistently held that the Commission is not bound to commence proceedings under Article 169 of the Treaty but enjoys a discretionary power which precludes any right on the part of individuals to require it to adopt a specific position (Case 247/87 Star Fruit v Commission [1989] ECR 291, paragraphs 10 to 14). It accordingly concluded that ‘in the context of proceedings under Article 169 of the Treaty, persons who have lodged a complaint do not have the possibility of bringing an action before the Community judicature against the decision of the Commission not to take action on their complaint’.