Judgment_paragraph 36 · Guérin automobiles v Commission of the European Communities (C-282/95 P)

36Furthermore, contrary to the argument put forward by the appellant, that does not authorize the Commission to persist in its failure to act. Once that stage of the procedure has been completed the Commission is bound either to initiate a procedure against the subject of the complaint — a procedure in which the complainant is entitled to participate in accordance with the second paragraph of Article 19 of Regulation No 17 and Article 5 of Regulation No 99/63 — or to adopt a definitive decision rejecting the complaint, which may be the subject-matter of an action for annulment before the Community courts. In the context of such an action the complainant may rely on any legal defects in the provisional measures preceding the definitive decision {IBM, cited above, paragraph 12).