38If the Commission fails either to initiate a proceeding against the subject of the complaint or to adopt a definitive decision within a reasonable time the complainant may rely on Article 175 of the Treaty in order to bring an action for failure to act. The fact that he has already brought an action for failure to act in order to obtain the notification provided for by Article 6 of Regulation No 99/63 in no way prevents him from later bringing a fresh action for failure to act with a different object. In that case, if the Commission has not acted in due time it may be ordered, as a result of its failure to act, to pay the costs incurred by the complainant.
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