Judgment_paragraph 21 · Guérin automobiles v Commission of the European Communities (C-282/95 P)

21In the second place, the Court committed an error of law regarding the legal status of the Commission's letter of 13 June 1994. To write to a complainant, under the aegis of Article 6 of Regulation No 99/63, that the Commission does not intend to consider its case because it has chosen to deal with another, over which the complainant has no control whatsoever, is merely a delaying tactic. Such an evasive letter cannot be regarded as a ‘definition of a position’ for the purposes of Article 175 of the Treaty. The appellant relies in that respect on the judgments in Case 6/70 Borromeo and Others ν Commission [1970] ECR 815, Case 13/83 Parliament ν Council [1985] ECR 1513, Case 302/87 Parliament ν Council [1988] ECR 5615 and Case C-107/91 ENU ν Commission [1993] ECR I-599.