Judgment_paragraph 13 · Bundesverband der Bilanzbuchhalter e.V. v Commission of the European Communities (C-107/95 P)

13In this regard, the Court considered, at paragraph 31, that it was apparent from Article 90(3) and the scheme of Article 90 as a whole, that the power of supervision of the Commission with regard to Member States which are responsible for infringements of the rules of the Treaty, in particular those relating to competition (judgment of the Court of Justice in Joined Cases C-48/90 and C-66/90 Netherlands and Others v Commission [1992] ECR I-565, paragraph 32), necessarily implied a wide margin of discretion for that institution. Consequently, the Court considered that the exercise of the power to assess the compatibility of State measures with the Treaty rules, conferred by Article 90(3) of the Treaty, was not coupled with an obligation on the part of the Commission to take action (judgment of the Court of First Instance in Case T-32/93 Ladhroke Racing v Commission [1994] ECR II-1015, paragraphs 36, 37 and 38), so that ‘legal and natural persons who request the Commission to act under Article 90(3) do not have the right to bring an action against a decision of the Commission refusing to use powers conferred upon it under Article 90(3)’.